Vicious Baby Abuser Loses Case; Wants Lawyer To Refund Retainer

Andrew-David-Fusco.jpg
Fusco: OC's most savage father
At just 5-foot-6 and 125 pounds, Andrew David Fusco wasn't a big man in early 2005, but in the eyes of his then 4-week-old son he must have seemed like a giant. 

Fusco was, in fact, a 20-year-old monster who'd gotten his girlfriend, Megan Michelle Martinez, pregnant and then spent untold days horrifically torturing their defenseless, newborn offspring, known publicly only as "Baby S."

If you are squeamish, move to the next story. 

Here's why: When the baby arrived in a South Orange County emergency room in January 2005, doctors couldn't focus on the diaper rash and staph infection. His face had been pummeled. His mouth and lips were torn in multiple spots. Both eyes were filled with blood. His ribs and an elbow were broken. His rectum was torn in several spots and his anus was swollen. His face bore multiple lacerations. His scrotum had been burned by a cigarette and also bitten by adult teeth. Indeed, more than 50 bite and bruise marks covered the infant's body. 

Doctors notified the Orange County Sheriff's Department deputies of Baby S's condition. According to court records, Fusco initially blamed his cat for causing many of the infant's wounds, though he did acknowledge responsibility for: accidentally dropping the baby on the floor, cramming several fingers and a thermometer into the boy's rectum but only to induce bowel movements, unintentionally burning the boy's scrotum with hot cigarette ash while changing diapers, and stuffing a fish tank tube down his throat but only to help him breathe. 

And why couldn't the baby breathe properly? He had swallowed a tissue his daddy put in his mouth to sponge up the blood from numerous internal oral cavity cuts caused, Fusco said, by the cat.

Veteran doctors considered it the worse case of child abuse they'd ever witnessed. But believe it or not, that was Fusco's best, most face-saving version of events. 

Not surprisingly, deputies didn't buying it. Perhaps they thought the cat-did-it tale was less than perfect. After all, cats don't usually like to put their paws in a baby's mouth.

Eventually, Fusco admitted that he regularly used marijuana and methamphetamine. He also reluctantly confessed that he had a temper problem and that he'd become jealous and resentful of the attention his girlfriend showered on the baby. He said those emotions spurred violent outbursts. 

Sure, he finally conceded, he'd repeatedly slugged his baby in the face and resumed the attack when the baby cried in response; he'd bitten him all over his body and punched him in his chest but only "once or twice;" he'd cut him and treated the wounds with a disinfectant rather than take him to the hospital. He had bent the baby's legs back, breaking them.

In his defense, he said, he and his girlfriend had both been "a little high" during some of the abuse. Deputies got another admission: he had wanted to cause his baby pain. 

Orange County prosecutors won a conviction and a judge sentenced Fusco to prison for a 15 years to life term. He appealed his conviction and several weeks ago a California Court of Appeal based in Santa Ana rejected his cries of innocence and that he was represented at trial by an incompetent lawyer.

But the story doesn't end there. After the appellate ruling, Michael A. Molfetta, Fusco's defense attorney, filed an April 7 lawsuit against his former client. It appears that Fusco is not happy that he paid Molfetta, one of the county's leading defense lawyers, a $75,000 non-refundable retainer and lost the case.  

In January, a three-member arbitration board held a hearing and sided with Fusco.

"The panel concluded that Mr. Molfetta's fee was unreasonable for the work performed," the board wrote in a report.

They determined that a fair fee was $52,500. 

Molfetta, a former prosecutor, is suing in superior court to keep the entire $75,000.

--R. Scott Moxley / OC Weekly


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55 comments
Rose_noire_32
Rose_noire_32

was the baby killed ?? or did he manage to survive ??

Hotmommie0818
Hotmommie0818

He doesn't deserve to breathe the same air as us, there is a special place in hell for people like him!! I pray when he meets our lord and stands before him I pray he shows no mercy! And the beautiful baby is in our lords arms where he is safe!! And when the sick bastard goes to hell I hope the devil sticks everything and anything in that low life's butt and shows no mercy!!

shane
shane

I want to murder him with my bare hands!!!!!

tonyrios
tonyrios

Wow look at all you judging lynchers "OFF WITH HIS HEAD!!" insane how society is, you will definitely see him in hell if you dont believe thou shall not judge others is as severe as his accused crimes. Let GOD judge him, you parasites worry about your judgement day, dont worry about his.

kathleen
kathleen

oh my god that makes me so mad it makes me cry it makes me sick and i hope you boys in jail get this mother fucking piece of shit and fuck him up slowly..do everything to him that he done to his baby...PLEASE IF THERE IS A GOD GET THIS PRICK...jail is too good for him he needs pain...i bet you he is in protective custardy because he knows he will be fucked..not too hard that he wont stand up to a man only a helpless baby...and the mother fuck her too fucken rag

Todd Ireton
Todd Ireton

I might just move to Cali... commit a crime... Just so i can be put in the same place as this sawed off, half cocked, short stacked fucking troll.. I am so mad...I am going to fucking explode!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Harleyjbanks
Harleyjbanks

I might just move to Cali... commit a crime... Just so i can be put in the same place as this sawed off, half cocked, short stacked fucking troll.. I am so mad...I am going to fucking explode!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

J01a19
J01a19

Are you kidding me, 15 years to life. I can't imagine the unbelievable pain that little baby boy felt at the hands of this monster. And that's all he got. Please tell me that the mother was arrested also. No child deserves to be abused. People make me sick, what the court should have done is sent him to a cell and let inmates beat and torture him. There is a special place in hell for this poor excuse and waste of skin and the b...h that let him do it.

Botelloapril
Botelloapril

UGHHHH!!! stupid fuck!!!! freaking MONSTER!!! .... hope baby is okay!!!

Wett466
Wett466

i say hang the fucker like in the old days

F.I.S.T.
F.I.S.T.

Give me 5 minutes with this smart alec. I will wipe the smile right off his face. . .

bigriggs
bigriggs

"At just 5-foot-6 and 125 pounds, Andrew David Fusco"...This 6'4", 220 pound guy would like to exact the same punishment he did to his son on his pathetic little ass.......

Stacebear422
Stacebear422

people like you don't deserve children what the hell is wrong with u child abusers.That poor innocent baby didn't ask to be brought into this world.You should've used a condom and she should've closed her legs.YOU SHOULD BOTH ROT IN PRISON U SICK BASTARDS U BOTH DESERVE TO GET TREATED THE WAY YOU TREATED UR SON TO SEE HOW IT FEELS.

Patience
Patience

the worst part is you really had to have had a want to hurt this child. it takes a lot to break a baby's bones as they're like cartilage and quite bendy. This guy is seriously a mental case and should be put in an institution as soon as he is released from prison.

Ashley Edwards
Ashley Edwards

R u serious!!!! DUDE WTF...THAT IS HORRIBLE...Y WASNT THIS FUCKER SENTENCED TO DEATH? & WHERE THE HELL WAS THE "MOM" SUPPOSED TO HAVE BEEN...POOR BABY IT BREAKS MY HEART TO KNO THAT SUM1 COULD ACTUALLY DO THAT TO A DEFENSLESS CHILD...THERE R PEOPLR OUT THERE THAT CANT HAVE KIDS THAT WOULD GLADLY TAKE LIL MAN & LOVE HIM

Lisamae
Lisamae

he better be in there for life. i hope he lives it veryyy miserabley. cuz this story is pretty fuckin horrible.

Hallie_8
Hallie_8

I have never heard anything so horrible. I read bad things like this every day, it reminds me of what kind of evil is in the world, but this is absolutely horrible. Anytime I read a story my heart breaks for the victim, this one makes me feel so much anger towards that little worthless piece of garbage that did this to that poor baby. There are so many thoughts to blame his parents for allowing such a creep to leave their home with no respect, no remorse, or values. Our children do not chose to be brought into this world, we make the decision to create them. They are not our punching bags or "love interests", they are our babys!!!!!! I would never be able to do so myself and will never understand how any woman can allow, or stand by and watch some bastard harm their children. I hope her and him both get their payback in pain just as this child did. There was nothing to say how this baby is doing or if he even survived. I sure hope he is alive, I pray he has a full life without pain.

AB
AB

This is so sad, it breaks my heart that someone would do that to a poor defenseless baby. :(

Sk83erchik182
Sk83erchik182

what i want to know is whether the baby lived!!! as for the guy... he deserves the worst!!!

Dc_5types
Dc_5types

Also, an addendum to my earlier comment regarding fusco and his girlfriend or rather the unfit parents, there was an admission from fusco that he had anger issues and was using crystal meth, there was also an admission from fusco that they were both high when they tortured this defenseless infant, therein lies the root of the problem, meth use in our country is increasing at an alarming rate every year, and combined with anger issues and unfit parenthood equals this poor infants pain, bottom line is that tweekers suck and should all be done away with, its an evil drug for evil people that should be sent away to Hell for their souls to rot.

C_sim714
C_sim714

This was so hard to read, and as I was reading it to my husband I said this man should have been given the death penalty..however my husband made a good point..why let him off that easy...let him suffer his life in jail..he won't be getting out..no matter what no judge in his right mind will ever let this man see the light of day again!!!

Andinsam
Andinsam

How does this guy (Fusco) have $72,000 to pay his defense attorney?

Nope
Nope

This motherfucker will get more than a couple of fingers and a thermometer up his arse...

Linda
Linda

This is just so disturbing and unfair.

Linda
Linda

I'm trying to get my head around what I thought I just read. Can't read it over. Hard time typing thru tears. My heart is breaking for this poor baby boy!! Can you imagine the stress level this poor thing endured hearing the sound of this fucker's voice, smelling him, and wincing when touched? What I would like done to these people you probably would not print. Wow.

Guest
Guest

Can you imagine the fear and pain the bay experianced at hands of this monster? Young Mother's bring home the wrong man and standing by while their children are abused, hurt or killed is a far too often repeated storyline. Lockup on MSNBC recently told the story of MaryKay whose BF murdered her son while she ignored the signs and went out partying. The news report also reported here. Somehow these young mothers, need to be taught that when they have a child, they put the child first even before their own feelings nad desire for fun. It saddens and sickens me. Mothers need to be held accountable as well for their part. The abusers need to be put to death.

discussed
discussed

I hope this guy is in the prisons general population, so hopefully he's reminded of his sins every day. Can we foreword this article to the prison's inmates?

Katelee918
Katelee918

He'll get exactly what he deserves in prison. Hopefully the mother also does some time for allowing the abuse.

Dc_5types
Dc_5types

Im not a cruel or vindictive person by any means at all but I do hope this guy gets what he deserves in prison, and why is he being jailed and and absorbing our hard earned tax dollars ? I was kinda hoping that the death penalty would have been in order in this particular case so now he gets 3 square meals a day his bed sheets changed and every opportunity to advance in education while he is in the joint courtesy of our pockets... hmmm, something to think about

Sunshine
Sunshine

I just read in another article that the baby was permanently disfigured and disabled due to the abuse at the hands of this MF EVIL POS! (I'm trying so hard to be nice). I hope the other inmates break his freakin legs, ribs and face, then shove their entire hand up his a$$, or a broken broom handle which ever they prefer. But I want him to live and suffer, Don't let him die, torcher him for a few years 1st!

pissed off father of 3
pissed off father of 3

I just read this and I'm just so fuken pissed right now I wish I had that fucker in front of me!! SO I COULD BEAT HIM TILL I CANT BEAT HIM NO MORE!! I WISH THIS FUCKER GETS THROWN IN GEN POP IN PRISON!! NO PC SHOULD BE ALLOWED!!

John Hoefer
John Hoefer

Both the mother and father should be put in jail and then I hope the nasty gangs in jail do what they do to child abusers, get rid of them. Darwin awards for them both for not being able to procreate anymore after they are handled.

FEDUP
FEDUP

This Mother-F-er deserves to have his balls chopped!!

Saymethinks2much
Saymethinks2much

This freak makes no sense. And, how in hell does such an apparent inbred like Fusco acquire $75,000 in funds to hand to an attorney? Mind boggling world.

PouchesbyPage
PouchesbyPage

I couldn't breathe while reading this article... utterly horific. People like that deserve the same to be done to them. I hope Andrew Fusco experiences the same pain his baby experienced... administered brutally by a 300 lb. bully in jail.

Valkkyrrie
Valkkyrrie

Only thing I care about is that the baby lived and is well cared for now.... I hope the so called parents burn in hell.

Tammi Hill Carter
Tammi Hill Carter

OMG, these actions towards this infant child were so brutal, I couldn't bear to read anymore. I am completely speechless. This man who did this to this infant child should be tortured in the exact same way he tortured the baby. He should feel every bit of pain. I hope and pray that this baby has healed, and grow into a normal healthy person physically and mentally. God Bless this Child.

Guest
Guest

wow i cannot even believ this piece of crap

CAMSHEEL
CAMSHEEL

I WOUILD NOT GIVE BACK ANY MONEY ARE YOU KIDDING ME.

CAMSHEEL
CAMSHEEL

BOTH UNFIT PARENTS I HOPE THE BABY IS REMOVED BY CPS THE CAN'T CALL THEM ANYTHING NEAVER SEE THE BABY EVER AGAIN

Jackie R.
Jackie R.

What about the stupid !@#mother, what if anything did they do to her for allowing, or helping the pervert boyfriend to do these monstrous things? Shouldn't she be in jail? Do women rape each other in jail for being child abusers/molestors? I sure hope so!

OCLocal
OCLocal

Did the baby survive? I hope so, and I hope he was adobted by a loving family and will never see this Monster again.

Brookekoorb
Brookekoorb

15 yrs for what that child , baby, went thru! Imagine what he went thru! A new world, new feelings, experiences, joys, fears and that pathetic "man" made his entire life a fear. Babies don't kno that crying is upseting the parents or causing the parents stress, all they kno is self preservation, instinct and thY someone will take care of them because THAT'S WHAT PARENTS U SICK JERK! THEY LOVE, NURSE, CARE, COMFORT, ENTERTAIN, AND OVERWELM THEIR CHILDREN W/ THE SENSE OF SAFETY TO B ABLE TO LEARN, GROW, AND EXPERIENCE THE UNBELIEVABLE FEELING OF LOVE AND ACCEPTANCE BEFORE ANYTHING. GOD FORGIVES THOSE WHO SEEK FORGIVENESS BUT U ANDREW FUSCO **WILL** B GOING TO HELL!!!!!!!!!!!!!!

guest
guest

Follow the MSNBC Lockup story on MaryKay Concepcion and the story on this webpage on Thongphun Lae and you will find another Mom bringing in a loser that killer her two year old son

s
s

I have 4 children n im a recovered meth user...i have never in my life have ever tried or even thought of hurting my kids when i was high.i dont think all "tweakers" get high n decide to torcher their babies.this sick fuck is n would probably be the same persin he is today with or without drugs.

Jas
Jas

I agree with you

anonimouse
anonimouse

I know a few people related to this case and to my knowledge the baby was adopted into a hopefully loving family, and the mom also went to jail albeit not for as long as this waste of skin. Sometimes I feel like there is no hell hot enough for the scum that walks this earth.

Notoriousjlw
Notoriousjlw

Fuck u bitch Mary is innocent.i love u mar

Mcstt3
Mcstt3

Oh yes there is don't you worry about that Hell for a minute!

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