DANIEL MARCHAN - 3 Months (2006) - Lake in the Hills (NW of Chicago) IL

WOODSTOCK – A Lake in the Hills man was sentenced to two years of probation for his role in the 2006 death of his infant nephew.
Julian
Palomo, 41, also must pay a $10,000 fine after pleading guilty in March
to involuntary manslaughter in the death of 3-month-old Daniel Marchan.
Palomo had faced up to five years in prison for the Class 3 felony.
Palomo
initially was charged with aggravated battery to a child for allegedly
shaking the baby, but the charges later were upgraded to include murder.
The
baby died after about a week in the hospital. He had no brain activity,
and family members agreed to take him off life support, officials have
said.
After an autopsy, officials from the Cook County Medical
Examiner’s Office said the baby died of blunt head trauma and ruled the
death a homicide. But defense attorney Darryl Goldberg said the baby had
significant previous medical issues and that Palomo had tried to
resuscitation the infant.
A plea deal was worked out because doctors had conflicting opinions on the case,
McHenry
County Assistant State’s Attorney Michael Combs said. He asked that
Palomo be sentenced to prison, saying probation would minimize the
seriousness of the offense.
The baby’s parents were in the
courtroom during the sentencing hearing, and letters they wrote were
given to Judge Joseph Condon in support of Palomo. They asked for a
sentence of probation.
Both the mother and father said their son
had medical issues they didn’t know about at the time, and they clearly
see now that they have two healthy children.
One of Palomo’s four
sons also wrote a letter to the judge saying that his father had been
portrayed as a child killer, but is actually a “big teddy bear” and a
gentle, loving man.
The son wrote of his fear every time there is a knock on their door, afraid it is the Department of Child and Family Services.
In
another letter, Palomo’s wife she said she thinks the family suffers
from post-traumatic stress disorder and that if her husband were to be
sent to prison, it would create unnecessary victims.


Condon said the case was a first for him.
He has been
a lawyer for more than 40 years, Condon said, and has been to many
court proceedings where the family of the victim sat on one side of the
courtroom and the defendant on the other.
“This is the first time
I’ve seen the mother and father of the deceased speak out in favor of
the defendant at a sentencing hearing,” he said.
Condon also pointed out that, by definition, involuntary manslaughter is unintentional.

http://www.nwherald.com/2012/05/11/uncle-gets-probation-in-infants-death/ahvodzo/?page=2