An employee at the Mexican Consulate in New York and his wife are being investigated by the police after the death of their 4-month-old son, whose body bore bruises and scratches.

Eduardo Rocha Bracamontes and Gina Ximena Ovalle took their son to the hospital on Tuesday evening because he was unconscious.

Shortly thereafter, the child was pronounced dead after which hospital personnel informed children's services of the matter.

Police have been questioning the couple but no charges have been filed while the results of the autopsy are being awaited.

According to the online version of the New York Post, Rocha Bracamontes, 36, hired a lawyer to attempt to prevent the autopsy from being performed and to enable the couple to take the body back to Mexico.

"The baby expired at the hospital. When the Medical Examiner responded, he determined that an investigation should be done to determine the specific cause of death and that's what's going forward right now," police Commissioner Ray Kelly said.

The Post, citing an unnamed law enforcement source, said the parents have said that their son suffered from epilepsy and that it was as a result of that disease that he acquired the bruises and cuts.

The Mexican Consulate issued a communique in which it said it regretted the death of the boy, Eduardo Rocha Ovalle, and reported that it will provide legal assistance to Rocha Bracamontes and his wife.

"According to international law, the Consulate General will provide the family the Consular assistance and protection required. We are in contact with all relevant local authorities," the statement said.

Rocha Bracamontes has limited diplomatic immunity and could face criminal charges if police determine that foul play was an element in his son's death. EFE