26 March 2008

Dad guilty of putting baby in microwave

A young father has been convicted of badly injuring his infant daughter by putting her in a microwave in a Texas hotel room, with jurors rejecting his claim he was insane at the time.

Jurors deliberated for about four hours before finding 20-year-old Joshua Mauldin guilty of felony injury to a child.

After the verdict, they deliberated Mauldin's punishment for two hours without a decision. They were set to resume deliberating on Wednesday.

Mauldin faces anything from probation to life in prison.

He pleaded not guilty by reason of insanity, saying he was having a psychotic episode when he put his then two-month-old daughter, Ana, in a hotel microwave for 10 to 20 seconds last May while her mother and grandmother were away.

Prosecutors and Mauldin's defence lawyer, Sam Cammack, had no immediate comment after the verdict.

Mauldin sat emotionless as his daughter's foster mother detailed in penalty phase testimony how Ana's burn wounds still needed to be cleaned every day and how she screamed during the painful process.

The witness, Heather Croxton, said she hoped to adopt Ana, now one year old.

Another trial scheduled for next month will seek to terminate the parental rights of Joshua and Eva Mauldin, who live in Arkansas. Croxton's husband is a step-cousin of Eva Mauldin.

Croxton said Ana will need more operations to remove scar tissue and reconstruct her left ear, but she said she was more worried about the day Ana finds out what happened to her.

"I can only imagine how (she) would feel, knowing that the man that was supposed to take care of her did this to her," Croxton said as she cried.

"As far as telling her the truth ... I don't see how we cannot tell her. She's going to want to know how she got those scars."

Cammack told jurors during closing arguments on Monday that mental illness was probably the only explanation for his client's actions.

"Joshua Mauldin has been somebody with mental illness from the time he was 10 years old until the time this offence was committed," he said.

But prosecutors countered that Mauldin was driven by anger that he was in a loveless marriage and was stuck in a new town with a baby he didn't want to care for.

"All (Mauldin) has done is try to wrap himself in some psychiatric flag and say, 'I did it and I was crazy,"' Galveston County prosecutor Xochitl Vandiver told jurors.

"That's what he's trying to pull on you all. Don't fall for it, because it is a lie."

Officials say Ana suffered second and third-degree burns to her left ear, cheek, hand and shoulder and needed skin grafts.

Before putting her in the microwave, Mauldin had punched the baby and put her in the hotel room safe and refrigerator.

At the time, Mauldin had just moved to Galveston, about 80km south-east of Houston, from Warren, Arkansas, to become a preacher.

Cammack said Mauldin was a loving father who tried to run into traffic and kill himself after realising what had happened.

The state defines not guilty by reason of insanity as having a severe mental illness that prevents someone who is committing a crime from knowing that it is wrong.

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