Father acquitted in baby girl's death
By Curtis Lum
Advertiser Staff Writer
The grandfathers of a 4-month-old girl who died of head injuries two years ago were linked by blood, but torn by her death.
Advertiser library photo • Aug. 5, 1999
Tori Bentosino suffered massive head injuries July 30, 1999, and died three days later in a hospital. Her father, Michael J. Bentosino, was accused of beating the child and causing her death.
Michael Bentosino said his baby girl died after he dropped her.
Yesterday, Bentosino was found not guilty of one count of murder in the second degree. Circuit Judge Marie Milks ruled in the nonjury trial that there was not enough evidence to prove that Bentosino, 45, battered his daughter.
Although the evidence was inconclusive, the two grandfathers said they knew the truth in the case, though their answers diverged. Bentosino, who covered his face on a table after the verdict, did not comment yesterday.
Masami Bentosino, Tori's paternal grandfather, said he and his family believed all along that his son was not responsible for Tori's death. The family cried and hugged in the seats behind Michael Bentosino when the verdict was read.
"We're just happy that (Milks) ruled in our favor," Masami Bentosino said. "We believed our son, no matter what they were saying."
On the other side of the courtroom, there also were tears and hugs. But they were in sadness, as family members consoled Tori's mother, Nanette Arigo.
The family maintains that Tori was a battered infant and that her father inflicted the injuries that fractured her skull and caused her brain to swell. They do not believe Michael Bentosino's explanation to police that he had dropped Tori while he fed her and that she struck her head on a tile counter and then the floor.
Tom Arigo, Tori's maternal grandfather, said his family was devastated by the verdict.
"Myself and my family are really very sad for what happened. We cannot take that kind of decision," he said. "I know, in their minds, in their hearts, they know that Bentosino did something to cause the death of the baby."
Arigo believed that a jury would have convicted Bentosino and that Milks' verdict was "just one person's opinion." He did not fault city Deputy Prosecutor Glenn Kim.
Arigo said he didn't know Michael Bentosino very well. But he said Bentosino "didn't have much respect for the owner of the house and that's why I sent him out" to live on his own.
"(My daughter) knows. She knows the guy, how he treated his baby and how he talked to the baby," Arigo said.
Prosecution witness Dr. Mary Case, chief medical examiner of St. Louis, Mo., had testified that Tori's injuries were the result of a beating. Case said that even if Tori fell from 10 feet to the floor she wouldn't have suffered the fatal injuries.
Milks described much of Case's testimony as "credible," but said Case's conclusions were based on assumptions, not legal proof. She said there was no conclusion as to what caused Tori's injuries.
"All of the various hypotheticals posed by the experts lacked consistency with the facts as represented by the defendant," Milks said. She added, "This court cannot prove beyond a reasonable doubt that defendant Bentosino intentionally, knowingly or recklessly caused the death of Tori Bentosino."
Reginald Minn, Bentosino's attorney, said Milks made the right decision. He declined further comment.
Kim, who apologized to Nanette Arigo in court, said he disagreed with Milks.
"Obviously, I am extremely disappointed by the verdict," Kim said.
