In a recent written Opinion from the Pennsylvania Superior Court the Appeal of Anthony Gudino has been denied. Gudino was found guilty of Third Degree Murder, Endangering the Welfare of a Child, and Recklessly Endangering Another Person following a jury trial on July 15, 2019. Gudino was sentenced to 23 ½ to 47 years in state prison for the murder of his five (5) month old infant child.
Gudino’s appeal was based on the claim that there was no evidence to support that he caused the fatal injuries to the child or acted with the malice required for murder. He also challenged the denial of an involuntary manslaughter instruction to the jury.
The Superior Court denied those claims and several others relying upon the findings of the jury based on the trial record.
The case was prosecuted by First Assistant District Attorney Michael Mancuso and Assistant District Attorney Matthew Bernal before the Honorable President Judge Margherita Patti-Worthington.
Testimony was presented which contradicted Gudino’s claims. The evidence showed at least two hard strikes to the child’s head which caused a combination of injuries such as retinal hemorrhages, damages to the retina of the eye, optic nerve sheath hemorrhage, and subdural hemorrhage, or bleeding on the brain. All of these injuries when taken together constituted abusive trauma because of the impact and the twisting shearing forces required. Therefore, the child’s injuries were the result of child abuse. At the time of the fatal injuries sustained by the child Gudino was the only one with her. Gudino was also intoxicated when he arrived at the hospital with the limp body of the child.
The lead investigator was (now retired) Detective Richard Wolbert of the Stroud Area Regional Police Department. The detective who interviewed Gudino was Detective Sergeant Sue Charles, also of the Stroud Area Regional Police Department.
Gudino remains incarcerated in a State Correctional Institute.