Bentosino acquitted
of murder in
death of baby

There was reasonable doubt about
the circumstances, the judge rules

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By Debra Barayuga
dbarayuga@starbuletin.com

Circuit Judge Marie Milks found Michael Bentosino not guilty of second-degree murder today in the death of his 4-month-old daughter two years ago.

Tori Bentosino died of brain injuries due to blunt trauma. She sustained multiple skull fractures and brain swelling on July 30, 1999, went into a coma and died three days later.

"This court cannot conclude beyond a reasonable doubt that defendant Bentosino intentionally, knowingly or recklessly caused the death of Tori Bentosino," said Milks, who presided over the jury-waived trial last month.

Bentosino, 45, put his head on the table in front of him upon hearing the verdict. Had he been convicted as charged, he would have faced life with the possibility of parole.

Bentosino had contended he was holding the infant while trying to prepare a bottle when the 4-month-old accidentally fell from his arms, striking the kitchen countertop, then falling to the tile floor.

Nanette Arigo, the infant's mother, had left Tori alone with Bentosino while she took a shower. He did not tell her anything was wrong until after she had showered and he had prepared a bottle.

The state maintained Tori's injuries were inflicted after Bentosino became angry because of the baby's crying.

Nanette Arigo, who broke up with Bentosino after the baby's death, wept with family members after the verdict was announced.

She and her family are "devastated" by the decision, said Deputy Prosecutor Glenn Kim.

While he is "extremely disappointed" by the verdict, the state will abide by the judge's decision, he said.

Tom Arigo, father of Nanette Arigo said family members are sad about what happened. "For sure, they know in their mind, their heart, this Bentosino did something to the baby," he said.

He said he sat through the trial and listened to the expert testimony and cannot understand how the judge reached her decision. "It's very unfair."

He believes in the jury system and believes a jury, not one person, should have been allowed to hear the case.

Defendants have the right to choose between a jury or nonjury trial.

Bentosino's father, Masami Bentosino, said he and the family believed all along that his son was innocent, "not because he's my son. We raised our kids the best we know."

He said the family is relieved the case is over. "God answered our prayers."