Orange County Man: I Did Not Torture And Sexually Assault My One-Month-Old Baby

AndrewFuscoBabyAbuse.jpg
Daddy Dearest
You may have never heard of Andrew Fusco, but six years ago Orange County prosecutors convicted him in one of the most horrific criminal cases I've ever watched.

In January 2005, Fusco and his girlfriend brought their one-month-old baby for urgent medical care and shocked nurses.

Baby S, as the child is called in court, had been born healthy at Mission Hospital, but now had more than 50 cuts and bruises on his body, rib fractures, lacerations inside his mouth, a torn lip, broken arms, bite marks on his cheeks and chin, bleeding in both eyes, a cigarette-burned scrotum, severe anal tears and highly contagious staph infection in his mouth and rectum.

Rushed to an emergency room, doctors quickly placed Baby S on a respirator and summoned police.

(Away from his parents, Baby S's health improved in the aftermath, according to court records.)

Initially, Fusco--then 20 years old--blamed some of the injuries on his cat, but he eventually gave a confession admitting to punching and biting the infant out of jealousy and anger for all the attention he required.

Doctors also found Baby S tested positive for methamphetamine and police learned that Fusco and his girlfriend used the drug on the morning they'd gone to the urgent care facility.

Fusco waived his right to a jury trial and instead allowed a judge to decide if he was guilty of criminal conduct.

The defendant's longtime psychiatrist testified his patient suffered from "intermittent explosive disorder," struggled in school and was socially inept.

Defense lawyer Michael Molfetta argued that the anal tears were the innocent result of Fusco shoving his finger in the baby's anus to initiate bowel movements.

But, according to the judge, evidence proved Fusco had engaged in a "pattern of abuse" and was guilty of child abuse and aggravated sexual assault. In 2009, he sentenced the father to a term of 21 years to life in prison.

Despite winning minor corrections that did not alter the punishment, Fusco's appeals failed at both at a California Court of Appeal in Santa Ana and at the state's Supreme Court.

At his last stop in U.S. District Court, he argued he didn't get a fair trial because of ineffective counsel by Molfetta and a lack of sufficient evidence of sex crimes.

Fusco specifically wanted Molfetta to explore the idea of blaming the genital wounds on a possible diaper rash as well as other scenarios that could explain the injuries.

But Andrew J. Wistrich, a federal magistrate judge, studied Fusco's complaints and determined that even if Molfetta had handled the case completely in line with the defendant's wishes, the convictions were still highly probable because of the confession admitting a desire to inflict pain on the baby.

"None of the alleged [trial] errors in this case rose to the level of a constitutional violation," concluded Wistrich.

This month, U.S. District Court Judge R. Gary Klausner accepted Wistrich's findings, denied the appeal and closed the case.

Upshot: Fusco, 29, will continue to serve his sentence inside Ironwood State Prison in Blythe while hoping the Ninth Circuit Court of Appeals, where he's now trying to take his complaints, will overturn his convictions.

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Email: rscottmoxley@ocweekly.com. Twitter: @RScottMoxley.


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93 comments
opes35
opes35

White trash America at its finest.

Toejam
Toejam

There are no words. I hope they put him in general population.

Danielle Lewis
Danielle Lewis

If ever there were a time to kill ...NOW!! would be that time

Magdalena DelReal
Magdalena DelReal

Animal and not even animals hurt their young. I'm so discussed!

Drew Roark
Drew Roark

Clearly this is the work of the devil. I'm no religious scholar, but my understanding is God gave us all free will and this person chose to do what he did with it. He will be punished for eternity. God does not control everything nor does He protect us from all evil. Otherwise we would never experience it. I'm not very religious, but that's what I've been told.

Drew Roark
Drew Roark

Clearly this is the work of the devil. I'm no religious scholar, but my understanding is God gave us all free will and this person chose to do what he did with it. He will be punished for eternity. God does not protect us from all evil. Otherwise we would never experience it.

Jonathan Venegas
Jonathan Venegas

If you want to make the world a better place, then monitor not just your actions, not just your words, but your thoughts as well. Don't succumb to the ugliness that is around you. Be a light in the darkness, if you are filled with love and joy, only love and joy can be given from you

Elizabeth Mora
Elizabeth Mora

And this is what breaks my faith in humans and god all mighty! Lord forgive me if I am wrong but y let a pig son of a bitch torture a poor child like this !!!!??

Johnny Hager
Johnny Hager

Your a sick fuck if you did... And by the looks of your creepy face,, and I'm not one to judge but your guilty bitch

Melanie Nepsa-Goss
Melanie Nepsa-Goss

I hope someone does the same things to him. Put him in general population....and pass his papers around. Smh

Kelly Hughes Davis
Kelly Hughes Davis

And people who believe in God would say this was allowed to happen to this baby because...? I'm not being a smartass, I'm seriously asking how a crime like this is justified by those who believe God controls everything.

Kellie Jones-Miceli
Kellie Jones-Miceli

Why do we have to pay to take care of this nut bag ??? Death penalty please.

Claire Jones
Claire Jones

Not without some torture first of course.

Claire Jones
Claire Jones

I hope they fucking murder him in there. Piece of shit

Yvette M. Encalada
Yvette M. Encalada

On top of that we as taxpayers are ensuring this assface is fed and secured of a shelter. Right @Chris & Molly?!

Josh English
Josh English

Some of these comments are just as horrible..... Only pouring gas on the fire.

Josh English
Josh English

Give him the lethal injection, and just be done with it. Disgusting. >:-(

Jeff Thomas
Jeff Thomas

Forget jail! Put him in a locked room with me for an hour ! I will make sure he gets punished!!

FocoYou FocoMe
FocoYou FocoMe

I don't think it says anything about the mother, what happen to her?

FocoYou FocoMe
FocoYou FocoMe

This idiot needs to kill himself.......what a sick fuck !!!

Leo Lopez
Leo Lopez

This is so sick it saddens me to know there's people that can do this kind of stuff to an innocent soul.

Patti Nguyen
Patti Nguyen

The mother is just as much to blame. What kind of woman allows this hell to befall on her own child. Sorry bitch

Patti Nguyen
Patti Nguyen

I hope someone who knows people in ironwood gets the Word out on this piece of shit! Die you sick bastard

Yvette M. Encalada
Yvette M. Encalada

Agreed, cancers like this scumbag need to be executed to get rid of the filth that endangers our children and society!

Dallas White
Dallas White

I'm so disgusted, I literally feel sick to my stomach! What about the mother..? Not much said about her

Kristin Breska Boyd
Kristin Breska Boyd

He should never be let out! Furthermore I hope the mother is locked up too! Who would let someone to that to their baby? He did it because he was jealous of the attention the baby was getting just disgusting!

Angie Krafft
Angie Krafft

Save a bullet and taxes... Just give him a good shank to the jugular .

Brenda Maiava
Brenda Maiava

sad my husbands taxes keeps goin to bastards like this to live good while we struggle to better our kids education...he needs to be torture the same way he did his daughter

jwramos79
jwramos79

Did you miss that Baby S lived or are you plotting some more scrotum burning?

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