Court reverses conviction for 2005 child abuse

SANTA FE, N.M. (AP) – The state Supreme Court has reversed the child abuse conviction of a Las Cruces man for allegedly causing severe brain injuries to his 2-month-old nephew in 2005.

The court on Thursday ordered the child abuse charge against Daniel Consaul dismissed with prejudice so it can’t be refiled. Consaul was sentenced in 2009 to 18 years in prison.

The case was prosecuted when Gov. Susana Martinez was district attorney in Las Cruces.

The court said there wasn’t enough evidence to prove Consaul negligently caused his nephew’s injuries by wrapping him in a blanket and leaving him face-down on a pillow while babysitting the child.

The court said prosecutors also didn’t prove beyond a reasonable doubt that Consaul intentionally suffocated the infant, and the trial judge erred in jury instructions. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Users who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review.

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