Fink said he was surprised the jury had come back with a first-degree murder conviction. ''This is not a careful, premeditated plan,'' he said.
Fink had argued that the jury should find Marko's death an ''excusable homicide'' or manslaughter, but not murder. He said prosecutors had no evidence that Leyva intentionally injured the child.
''I don't believe he should be in prison for the rest of his life,'' Fink said. ``In some way, he just lost it.''
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They told the jury that the toddler was the victim of a savage beating in May 2000. The boy suffered broken ribs, a split liver and pancreas, a cracked skull and a bruised heart.
A medical examiner testified the child had also been burned and bitten, and had too many bruises to count.