Judge denies child killer’s bid for new trial

patino nieves side-by-side_168092

PROVIDENCE, R.I. (WPRI) — A man convicted last month in the murder of his girlfriend’s 6-year-old son will find out his punishment in a few weeks from now.

The judge set a July 7 sentencing date for Michael Patino after denying his motion for a new trial, the Attorney General’s Office confirmed.

In April, a jury found Patino guilty of second-degree murder in the 2009 death of Marco Nieves. He was acquitted of first-degree murder in the case.

During the trial, the state showed the jurors text messages between Patino and Nieves’ mother, in which he told her he punched the boy because the kindergartener needed to act more like a man.

Years ago, Judge Judith Savage, who did not proceed over the recent trial, excluded the text message evidence. The state Supreme Court overturned the ruling and the U.S. Supreme Court declined to hear the case last year.

During closing arguments, prosecutors made their final pitch to jurors – saying Nieves’ death was no accident. They said Patino used the boy as a punching bag and one of those blows punctured the 6-year-old’s bowel, causing his death.

The defense took aim at Nieves’ mother. Lawyers said Marco died because Trisha Oliver failed to take him to the hospital for some 15 hours, even as the boy vomited and lost consciousness.

During trial, a former medical examiner testified Marco’s injuries would have been survivable if treated promptly. However, lawyers claimed Oliver was more concerned with obtaining marijuana.

Copyright 2020 Nexstar Broadcasting, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


Download Mobile Apps from WPRI 12
DOWNLOAD APPS NOW: Apple App Store | Google Play Store

12 on 12 - Cold Case Cards: All In

More Cold Case Cards All In

Dan Yorke State of Mind: Dan's Daily Update

DYSOM 8/7/2020: Ricardo Pitts-Wiley

More Dan Yorke State of Mind

Don't Miss

Viewer Pa on WPRI.com

Community Events & Happenings

More Community
Live Cams on WPRI.com

The Border Report Tour

More Border Report Tour