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6-year-old Marco Nieves was found dead in his Cranston apartment. His mother's boyfriend, Michael Patino, is charged in connection with his death. (Family Photo)

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AG files appeal in child murder case

Judge ruled to dismiss key evidence

Updated: Friday, 07 Sep 2012, 7:20 PM EDT
Published : Friday, 07 Sep 2012, 5:17 PM EDT

PROVIDENCE, R.I. (WPRI) -- The Rhode Island Attorney General is appealing a judge's decision to throw out evidence in a child murder trial.

We've learned the Attorney General filed a notice of appeal to the State Supreme Court Friday over the decision to dismiss the majority of the prosecution's evidence in their case against Michael Patino.

Patino is accused of murdering his girlfriend's 6-year-old son, Marco Nieves, in Cranston back in 2009.

Earlier this week, incriminating text messages found on the suspect's cell phone were thrown out, after the judge ruled the evidence was collected illegally.

The case is due back in court on Monday.

Copyright WPRI 12


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