|For Immediate Release
March 18, 2009
|Susan Kang Schroeder
Public Affairs Counsel
FATHER SENTENCED TO 21 YEARS TO LIFE FOR SEXUALLY ASSAULTING AND PHYSICALLY ABUSING HIS 4-WEEK-OLD BABY BOY
*Baby’s mother was convicted of four counts of child abuse
SANTA ANA – A father was sentenced Monday, March 16, 2009, to 21 years to life in state prison for sexually assaulting and physically abusing his 4-week-old baby boy in their Lake Forest home. Andrew David Fusco, 24, was found guilty by a jury on April 22, 2008, of four felony counts of child abuse, two felony counts of sexual penetration by foreign object by force, and two felony counts of the aggravated assault of a child with a true finding on the sentencing enhancement for causing great bodily injury to a child under five.
Baby Doe’s mother, Megan Michelle Martinez, 23, pleaded guilty on June 18, 2007, to four felony counts of child abuse. She was sentenced Dec. 20, 2007, to six years in state prison.
Baby Doe was born Dec. 4, 2004. Between Dec. 28, 2004, and Jan. 3, 2005, Fusco physically and sexually assaulted Baby Doe causing injuries to the baby including multiple fractures to the arms, legs, and ribs, bruising to the cheeks and abdomen, bleeding in the eyes, abrasions to the scrotum, swelling around the anus, a swollen and lacerated rectum, and extensive injury to the mouth with a severe tear to the upper lip and gum. Fusco also bit Baby Doe, leaving approximately 30 bite marks.
On Jan. 3, 2005, Fusco and Martinez took Baby Doe to the hospital and lied to the doctors about the nature of the baby’s injuries. They told doctors the family cat had scratched the baby boy. Doctors examined the baby and discovered Baby Doe had suffered severe blunt force trauma injuries.
Martinez, Fusco’s girlfriend, was convicted of child abuse for putting her baby in danger by allowing Fusco to continue abusing the child. Baby Doe has been adopted by an Orange County family.
Senior Deputy District Jeff Winter of the Family Protection Unit prosecuted this case.