The Supreme Judicial Court has overturned the conviction of a man who was found guilty of first-degree murder in the death of his girlfriend’s 4-year-old boy in Somerset.
Bristol District Attorney Sam Sutter said in a statement today that, "I am disappointed in the ruling, but I am confident the defendant will be held without bail pending his retrial. And I am confident we will prevail at the retrial."
Durand was found guilty by a Bristol Superior Court jury of fatally beating Brendon Camara, his girlfriend’s son, in October 2003, after the child urinated in his pants. The boy suffered a fatal blow to his abdomen.
According to testimony at the trial, Durand, 26 at the time, forced the boy into a corner and threw a toy shark at him as punishment for the boy’s accident.
Five weeks before the boy was beaten to death, state social workers told his mother to keep him and his twin brother away from Durand, who was sometimes “rough” with the children, a state social service official told the Globe in 2003.
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