Unnamed girl - 13 months (2010) / Convicted: David Montaldi - Mount Clemens MI
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Unnamed girl - 13 months (2010) / Convicted: David Montaldi - Mount Clemens MI
Former aspiring doctor guilty of sexual assault, child abuse
By Jameson Cook jamie.cook@macombdaily.com@jamesoncook
A 33-year-old former aspiring doctor was convicted of sexually assaulting and abusing the 13-month-old daughter of his girlfriend in his Mount Clemens home.
A jury deliberated about three hours before convicting David Montaldi of two counts of first-degree criminal sexual conduct and first-degree child abuse for the acts in December 2010. He faces a mandatory minimum term of 25 years in prison because the victim was under 13. This was Montaldi’s second trial in the case after the first trial in January resulted in a deadlocked jury. Macomb County Prosecutor Eric Smith said he is extremely pleased with the verdict in light of the prior hung jury and the victim being a child. The case was one of a series of about seven cases in 2010 that resulted in death or serious injury to a child. All but one that has not yet been tried has resulted in a conviction. “This is another successful prosecution,” Smith said. “I’m pleased Montaldi will never be able harm a child again. “This child suffered massive, life-threatening injuries. When you see the photographs and reports, you’re amazed this child lived.” The child has recovered from the injuries but because the child is still so young the prognosis isn’t definite. Montaldi faces an Aug. 28 sentencing by Judge James Biernat Jr. in Macomb County Circuit Court in Mount Clemens. Montaldi initially told police his 200-pound dog laid on the child in the living room. But he later changed his explanation and claimed he dropped the child and she fell down stairs after he slipped on golf balls on a basement landing. He said injuries to her vaginal and anal areas occurred while he was cleaning her afterward from vomit and defecation. Smith praised assistant Macomb prosecutor Therese Tobin, who tried the case. In the first trial jurors slightly favored acquittal in 8-4 and 7-5 votes on the sexual assault charges and favored conviction 9-3 on the child abuse charge. The more recent jury was unanimous for conviction on all three offenses. Tobin in the second trial’s closing argument focused more on Montaldi’s dishonesty by altering parts of his first explanation and then making the second explanation. “She took some of the strengths of the case that jurors pointed out from the first trial and emphasized them in the second trial,” Smith said. She also pointed out he didn’t call 911 after the incident but rather called his girlfriend, the child’s mother, who called. Two doctors testified they were sure the child could have suffered the injuries only from abuse. Montaldi’s attorney, Stephen Rabaut, said Montaldi’s parents, who reside in Georgia, “were devastated” by the verdict. “They certainly don’t believe their son could commit such an act,” he said. Montaldi was a medical-doctor intern at McLaren Macomb, known then as Mount Clemens Regional Medical Center, studying to be an ears, nose and throat specialist, although he had been terminated about six weeks prior to the incident. His girlfriend at the time also worked at the hospital.
http://www.macombdaily.com/article/20120727/NEWS01/120729596/former-aspiring-doctor-guilty-of-sexual-assault-child-abuse&pager=full_story
http://detroit.cbslocal.com/2012/07/27/jury-finds-man-guilty-in-sex-assault-of-1-year-old-girl/
David Montaldi (Booking Photo)
By Jameson Cook jamie.cook@macombdaily.com@jamesoncook
A 33-year-old former aspiring doctor was convicted of sexually assaulting and abusing the 13-month-old daughter of his girlfriend in his Mount Clemens home.
A jury deliberated about three hours before convicting David Montaldi of two counts of first-degree criminal sexual conduct and first-degree child abuse for the acts in December 2010. He faces a mandatory minimum term of 25 years in prison because the victim was under 13. This was Montaldi’s second trial in the case after the first trial in January resulted in a deadlocked jury. Macomb County Prosecutor Eric Smith said he is extremely pleased with the verdict in light of the prior hung jury and the victim being a child. The case was one of a series of about seven cases in 2010 that resulted in death or serious injury to a child. All but one that has not yet been tried has resulted in a conviction. “This is another successful prosecution,” Smith said. “I’m pleased Montaldi will never be able harm a child again. “This child suffered massive, life-threatening injuries. When you see the photographs and reports, you’re amazed this child lived.” The child has recovered from the injuries but because the child is still so young the prognosis isn’t definite. Montaldi faces an Aug. 28 sentencing by Judge James Biernat Jr. in Macomb County Circuit Court in Mount Clemens. Montaldi initially told police his 200-pound dog laid on the child in the living room. But he later changed his explanation and claimed he dropped the child and she fell down stairs after he slipped on golf balls on a basement landing. He said injuries to her vaginal and anal areas occurred while he was cleaning her afterward from vomit and defecation. Smith praised assistant Macomb prosecutor Therese Tobin, who tried the case. In the first trial jurors slightly favored acquittal in 8-4 and 7-5 votes on the sexual assault charges and favored conviction 9-3 on the child abuse charge. The more recent jury was unanimous for conviction on all three offenses. Tobin in the second trial’s closing argument focused more on Montaldi’s dishonesty by altering parts of his first explanation and then making the second explanation. “She took some of the strengths of the case that jurors pointed out from the first trial and emphasized them in the second trial,” Smith said. She also pointed out he didn’t call 911 after the incident but rather called his girlfriend, the child’s mother, who called. Two doctors testified they were sure the child could have suffered the injuries only from abuse. Montaldi’s attorney, Stephen Rabaut, said Montaldi’s parents, who reside in Georgia, “were devastated” by the verdict. “They certainly don’t believe their son could commit such an act,” he said. Montaldi was a medical-doctor intern at McLaren Macomb, known then as Mount Clemens Regional Medical Center, studying to be an ears, nose and throat specialist, although he had been terminated about six weeks prior to the incident. His girlfriend at the time also worked at the hospital.
http://www.macombdaily.com/article/20120727/NEWS01/120729596/former-aspiring-doctor-guilty-of-sexual-assault-child-abuse&pager=full_story
http://detroit.cbslocal.com/2012/07/27/jury-finds-man-guilty-in-sex-assault-of-1-year-old-girl/
David Montaldi (Booking Photo)
willcarney- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : NEVER assume your child is safe, KNOW.
Re: Unnamed girl - 13 months (2010) / Convicted: David Montaldi - Mount Clemens MI
I was not sure where to post this so move it if needed.
The little girl still might die. They have not given out any more information. She's recovering but injuries are massive and life threating.
Just breaks my heart when hear something like that.
William
The little girl still might die. They have not given out any more information. She's recovering but injuries are massive and life threating.
Just breaks my heart when hear something like that.
William
willcarney- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : NEVER assume your child is safe, KNOW.
Re: Unnamed girl - 13 months (2010) / Convicted: David Montaldi - Mount Clemens MI
This is a very sad case. Thank you for posting and you can add the sentence later.willcarney wrote:I was not sure where to post this so move it if needed.
The little girl still might die. They have not given out any more information. She's recovering but injuries are massive and life threating.
Just breaks my heart when hear something like that.
William
angelm07- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
Re: Unnamed girl - 13 months (2010) / Convicted: David Montaldi - Mount Clemens MI
I got an e-mail from the news writer on a follow up. She did recover but doctors are not sure of lasting effects since she was so young. Her name is still being withheld due to her young age.
My heart and soul cries for the little angel. At least she got justice.
William
My heart and soul cries for the little angel. At least she got justice.
William
willcarney- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : NEVER assume your child is safe, KNOW.
Re: Unnamed girl - 13 months (2010) / Convicted: David Montaldi - Mount Clemens MI
What an evil horrible man. He should stay in prison for life with no parole. This baby will probably never be able to bear children.
twinkletoes- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : Trying to keep my sanity. Trying to accept that which I cannot change. It's hard.
Re: Unnamed girl - 13 months (2010) / Convicted: David Montaldi - Mount Clemens MI
He should be castrated. In my opinion any man found guilty of raping a child should be castrated. My heart just cries for her when I think of what she went thru at her age.
William
William
willcarney- Supreme Commander of the Universe With Cape AND Tights AND Fancy Headgear
- Job/hobbies : NEVER assume your child is safe, KNOW.
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