Yurko A Free Man: Gets New Trial, Then Makes Deal For Time Served.

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http://www.wesh.com/news/3688190/detail.html

 

Yurko A Free Man

Man Convicted Of Shaking Baby To Death, Gets New

Trial, Then Makes Deal

 

POSTED: 6:27 pm EDT August 27, 2004

 

 

ORLANDO, Fla. -- In a surprise move, Alan Yurko, the

man convicted of shaking his 10-week-old son to death,

is now a free man.

 

After a judge said Friday he deserved a new trial,

Yurko then agreed to a plea deal, WESH NewsChannel 2

reported.

 

Yurko pleaded guilty to a manslaughter charge and the

judge sentenced him to six years, time already served.

 

In arguments this week, Yurko's attorneys said the

baby had an adverse reaction to a vaccination, but

prosecutors said he shook the baby so hard in 1997

that he died. After listening to their arguments,

Judge Alan Lawson ruled Friday that Yurko deserved a

new trial.

 

" I love that man, " said Francine Yurko, Alan's wife,

of the judge. " It's nice to finally see justice

served. "

 

" No one should ever be convicted of a crime, in the

state of Florida, based on corruption and a botched

autopsy, " said Mary Elizabeth Fitzgibbons, Yurko's

attorney.

 

Yurko was convicted five weeks ago in the death of his

infant son. Prosecutors said he shook his baby so hard

that he caused internal injuries.

 

The defense argued all week that poor health and

medical mistakes led to the infant's death. The

state's medical examiner commission ruled that the

medical examiner at the time made eight mistakes in

the Yurko autopsy.

 

To comment on this story, send an e-mail to Tom

Schaad.

 

Previous Stories:

 

* March 26, 2004: Yurko Granted Evidentiary

Hearing