Dad says
negligence
killed baby

Michael Bentosino claims his
daughter's death was accidental

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By Debra Barayuga
dbarayuga@starbulletin.com

The defense for a father on trial in the death of his 4-month-old baby two years ago says Michael Bentosino may have been "negligent," but there has been no evidence presented to show he intended or planned to harm his child.

To the contrary, Bentosino was a very "hands-on dad" who woke his daughter after he arrived around 9 p.m. on July 30, 1999, changed her diapers and pajamas and knew how to prepare her bottle, said defense attorney Reginald Minn during closing arguments yesterday.

He suggested that Bentosino be considered for the lesser offense of reckless manslaughter, punishable by a 20-year term.

"If he put her on his shoulder and expected her to hold on and she fell -- that's reckless," Minn said. "But what he did in this case was negligence."

Bentosino is on trial for second-degree murder for inflicting the fatal injuries suffered by daughter Tori Bentosino, resulting in her death three days later.

The defense contends the baby fell as Bentosino carried her high on his shoulder and tried to prepare a bottle at the same time.

Bentosino's verbal statements to a detective about where he was standing when the child fell from his arms is consistent with the infant striking the counter before falling to the tiled floor, Minn argued yesterday.

Minn said the state relied on "nonmedical, nonscientific evidence" to try and prove its case.

The state relied on testimony of experts who based their opinions on a review of the autopsy reports and photographs, when prosecutors could have called the medical examiner who conducted the autopsy of the infant, Minn said. He also suggested that the testimony of a Kapiolani radiologist hired by the state was biased because the doctor is an advocate for children.

The state experts contended that the injuries Tori sustained appeared to have been inflicted.

Deputy Prosecutor Glenn Kim said Bentosino gave statements to police that were rife with "glaring inconsistencies" and "telling phrases."

Bentosino did nothing to stop the baby from falling or break the baby's fall, he said. According to Bentosino, the baby hit her head on the counter and fell in the same position on the floor.

If the baby had struck the counter as he claimed, she would have bounced, changing the direction in which she was falling and likely would have fallen on her face, Kim said.

At Kapiolani Hospital, Bentosino used phrases such as "She always does this to me every time," or "This is what she does to me all the time," when describing the way the baby cried whenever he changed her, Kim said.

The state believes Bentosino became angry or was momentarily angry at the infant because of her crying and bashed her head or threw her on the floor. While he may have been sorry immediately after, legally it no longer mattered, Kim said.

Bentosino did not say anything to the baby's mother immediately after the incident because "he was hoping against hope" that the baby was not badly injured, Kim said.

Instead, Bentosino went into the kitchen to make a bottle and five minutes later went to get the baby in her room to feed her. When he returned, that was when he told the baby's mother they needed to go to the hospital.

Circuit Judge Marie M. Milks, who presided over the nonjury trial, took the case under advisement and is expected to announce a verdict at a later date.