Jury deadlocks in fatal San Bernardino child beating case
San Bernardino A jury deadlocked Tuesday on Whether a San Bernardino man convicted of beating his 4 your old son to death with a baseball bat should be executed or spend the rest of his live in prison.
The jury convicted Harby Ausbon Burden, 36 on Jan, 21 of first degree murder, torture and willful cruelty to a child causing death for the Oct. 11, 2006, Beating death of his son, Ausbon Juan, or A.J., as the boy commonly referred, The battered, broken and unconscious A.J. was admitted to St. Bernardine’s Medical Center with multiple injuries including broken arms , hands and feet, plus multiple other injuries in various stages of healing, indication a history of physical abuse. He died within an hour of his admittance at the hospital, authorities said.
Prosecutors are pushing for the death penalty, but on Tuesday, the jury, which reconvened following nearly tow day of deliberations on Jan. 21 and 22, announced they were deadlocked at 11:45 P.M., according to the online court records,
A pre- Trial hearing is scheduled for April 3, before Jude Michael A. Smith.
County prosecutors have the option of conduction another penalty phase, in which the jury would deliberate further and see if they can come to a decision on whether Burden should die for this crimes or spend the rest of his life in prison, without the possibility of parole, or leave it up to the probation Department and Judge to recommend the decide what Burden” Punishment should be.