Woman’s Husband Held in Abuse Case : Crime: Edward Medina of Orange is accused of knowingly standing by and allowing his wife to beat their 10-year-old nephew and 9-year-old son.

The husband of a woman charged with torturing her 10-year-old nephew was arrested Thursday on charges that he allowed the abuse of the boy and the couple’s own 9-year-old son.

Edward Medina, 45, was arrested about 2 p.m. in the 800 block of West Walnut Avenue at the apartment he shared with Cynthia Medina, according to Orange Police Lt. Timm Browne.

Medina is accused of knowingly standing by while his wife abused their nephew and son, according to Deputy Dist. Atty. Charles J. Middleton. The son, Middleton said, was beaten with a baseball bat by Cynthia Medina.

The couple each face three counts of felony child abuse, each carrying a sentence of two to six years in prison. Cynthia Medina also faces a charge of torture, which can result in a sentence of seven years to life in prison.

Prosecutors say Cynthia Medina, 31, seared her nephew’s tongue with hot knives, beat him with an electrical cord and anally penetrated him with a souvenir baseball bat as punishment when she found the boy playing with her marijuana cigarettes. The boy’s internal injuries were so severe that he had to undergo a colostomy, although the operation later may be reversed.

“In the time I’ve been in the district attorney’s office, this is one of the most involved physical abuse cases I’ve seen,” Middleton said. “It’s shocking even to me, a shocking example of extreme child abuse.”

The boy remains in good condition at Children’s Hospital of Orange County and is likely to be released early next week. County social service officials say he probably will be placed in a foster home or in Orangewood, the county facility for abused or neglected children, with his young cousin.

Cynthia Medina was caring for the boy after his mother--her sister--could no longer do so.

“She was the active person in all the child abuse,” Middleton said. “He does not do anything when all this is occurring.”

Charging the passive abuser is not rare, Middleton said. If the abuse “is clear-cut, it’s not uncommon at all,” he said.

Edward Medina “knew what was going on and he failed to do something about it,” Middleton said. The extent of the abuse in this case “cries out for reporting and protecting the child.”

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Cynthia Medina, a former elementary school playground supervisor, admits abusing her nephew but also disputes some of the allegations against her, according to her attorney, Richard C. Gilbert.

Gilbert said his client insists the sexual assault on Sept. 7 was the result of a “freak accident” that occurred while she was striking the boy with the bat. He also said she might plead not guilty by reason of insanity.

Gilbert has accused prosecutors of “overcharging” his client and said the torture law is so vague and broad that the serious felony count could be filed in almost any abuse case.

He also said he believes prosecutors are charging Edward Medina in an attempt to make him testify against his wife.

“I don’t think Mr. Medina is guilty of anything,” Gilbert said. “I do think the reason we are seeing these charges is because the district attorney is concerned about proving some of the allegations. It’s a tactic to try to improve his case by seeing if he can get Mr. Medina to cooperate.”

Middleton denied that Edward Medina’s arrest was a ploy to get him to testify against his wife. The abused boy told authorities he repeatedly cried out during the attack, “Tio, help me,” but his uncle remained in another room watching television, according to court records. The boy told authorities his aunt ordered her husband to remain there because she did not want him to interfere with the punishment, according to court records.

Charging the couple with child abuse, in addition to the charge of torture against Cynthia Medina, is appropriate for “the active abuser and the passive adult who should have done something about it,” Middleton said. “That person has an obligation to do something about it.”

Social service officials who notified police of the abuse said they fully expected charges to be filed against the boy’s uncle.

“It doesn’t surprise me at all,” said Gene Howard, director of Children’s Services for the Orange County Social Services Agency.

The Medinas are held in Orange County Jail. Cynthia Medina’s bail is set at $100,000 and Edward Medina’s at $25,000. He is scheduled to be arraigned Monday, and Cynthia Medina’s arraignment is scheduled for Sept. 30.

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Children’s advocates called the Medina case a grim testament to the increasingly violent nature of child abuse complaints being filed in Orange County.

“Children are coming into Orangewood much more damaged and in pain than 10 years ago,” said Barbara Oliver, executive director of the Child Abuse Council of Orange County. “I think cases like this underline the need to work with the caretakers of children and teach them to deal with them in a nonviolent way.”

Prof. Myrna S. Raeder, an expert on child abuse issues at Southwestern University School of Law in Los Angeles, said the law holds “silent participants or accomplices” equally responsible for the child’s welfare as the abuser. Such a law is critical because children are so powerless, she said.

Raeder said most cases involve a male abuser and a female silent accomplice. The woman usually is also abused by the man and fears for her life if she acts to protect the child, she said.

Times staff writer Tammerlin Drummond contributed to this story.