Posted at 10 a.m., Friday, August 3, 2001
Defendant found not guilty in infant's death
By Curtis Lum
Advertiser Staff Writer
A 45-year-old man today was found not guilty of causing the massive head injuries that led to his 4-month-old daughter's death two years ago.
Michael J. Bentosino was on trial for second-degree murder in the death of his daughter, Tori. He was accused of causing the July 30, 1999, head injuries that led to Tori's death three days later.
Circuit Judge Marie Milks today ruled that the prosecution did not present enough evidence to prove that the child's injuries were the result of a beating by Bentosino. Bentosino had waived his right to a jury trial.
Bentosino did not take the stand during his trial, but the defense claimed that Tori's injuries were the result of a fall. Bentosino told police he was heating up a bottle for the girl when she lurched back, fell and hit her head on a tile counter and floor.
Milks discounted the testimony of the prosecution's expert medical witness who said that the child's injuries were so severe they could not have been caused by a fall.
Bentosino placed his head on the table when the verdict was read. The verdict brought tears of relief from friends and family of Bentosino, and tears of sadness from Tori's mother, Nanette Arigo, and her family.
Defense attorney Reginald Minn said he was pleased with the verdict and said Milks made the right decision. City Deputy Prosecutor Glenn Kim said he was "extremely disappointed" with the verdict.