LILIAN LEYBA - 9 Weeks (2009) - Denver CO

A 25-year-old father was found guilty on Tuesday of causing the death of his infant daughter on Thanksgiving Day of last year.
The jury found Marcus Leyba guilty of first-degree murder of a child under the age of 12 by a person in a position of trust, and child abuse resulting in death. The Jefferson County District Attorney's office says the trial took about two weeks and the jury deliberated for 10 hours. Investigators say on Nov. 26, 2009, police got a call about an infant whose skull was crushed. When paramedics arrived, they found 9-week-old Lilian Leyba was not breathing and was cold to the touch. One paramedic said the back of her head felt like "mush." She was taken to St. Anthony Central Hospital where she was pronounced dead. Leyba and the baby's mother lived in the basement of his grandparents' home. Prosecutors say as the family was cleaning up from the Thanksgiving meal, there was a lot of arguing, yelling and fighting. Investigators say Leyba had also been drinking and at the time of his arrest, his blood-alcohol content was three times the legal driving limit.Prosecutors say as the fighting continued, Lilian's mother left and went to a friend's house with a 2-year-old child. Leyba stayed at the house, arguing while holding the baby. Investigators say he physically attacked his mother and had to be restrained. He then took the baby downstairs to the basement. Family members were concerned Leyba was too drunk to care for the baby, so they went downstairs about 15 minutes later. They found Leyba passed out on the bed and the baby lying lifeless beside him. During the trial, doctors testified that Lilian had three major skull fractures, one almost 7 inches long. She also suffered a severe brain injury. Doctors testified that to get the injuries she had would have required a degree of force that equaled a 10-story fall, being thrown against the wall, or a serious car accident where the child was thrown from the car. One doctor says the injuries were the worst he'd seen in his 40-year career. When the verdict was read, Leyba's family erupted into angry shouts and threats at the judge and jury. The judge got the jury out of the courtroom and sheriff's deputies responded to the angry crowd. Leyba will be sentenced on Dec. 17. He faces a mandatory sentence of life in prison without the possibility of parole.