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Dad gets 25 years for microwaving baby

Prosecutor had sought life in prison; defense asked for probation

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updated 4:21 p.m. ET March 26, 2008

GALVESTON, Texas - A jury on Wednesday sentenced a young father to 25 years in prison for severely burning his infant daughter when he put her in a microwave and turned it on for up to 20 seconds.

Jurors deliberated for 6 1/2 hours over two days before sentencing Joshua Mauldin. They also fined him $10,000.

The jury rejected Mauldin’s claims he was insane when he stuffed his daughter Ana, then 2 months old, in the microwave and convicted him of felony injury to a child.

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Prosecutors had asked that Mauldin be sentenced to life in prison. His defense attorney asked for probation so his client could continue receiving psychiatric treatment.

On Tuesday, the jury convicted Mauldin, 20, of felony injury to a child, dismissing his claim he was having a psychotic episode when he put his daughter in a Galveston hotel microwave in May 2007.

Mauldin had pleaded not guilty by reason of insanity. The conviction came after about four hours of deliberations, which began Monday afternoon.

Life sentence sought
Galveston County prosecutor Xochitl Vandiver asked jurors to give Mauldin a life sentence because Mauldin had given his daughter a life sentence as well — one of physical and emotional scars.

Mauldin at first told police his daughter had been severely sunburned, later changing his story and saying he had accidentally spilled hot water on her while making coffee.

Ana suffered second- and third-degree burns to her left ear, cheek, hand and shoulder and required two skin grafts after being in the microwave. Part of her left ear had to be amputated.

"She will always for the rest of her life be reminded just by looking in a mirror," Vandiver said.

Prosecutors said Mauldin was angry that he was in a loveless marriage and took it out on his daughter. Just before putting her in the microwave, Mauldin had punched the baby and put her in the hotel-room safe and refrigerator.

They also said Mauldin had a history of violence and of lying about being mentally ill to get out of trouble.

Probation, treatment instead?
But Mauldin's defense attorney, Sam Cammack III, said Mauldin has been wracked by mental illness since he was 10 years old. Cammack asked jurors to be merciful and give his client probation so he could continue receiving treatment.

Michael Fuller, a psychiatrist who examined Mauldin, earlier testified he could not conclude Mauldin was insane at the time of the crime. However, Fuller on Tuesday said Mauldin was not violent and would benefit from receiving treatment outside of prison.

"Let's give the kid the rest of his life in prison for hurting his child when we can't explain what happened? Don't do that," Cammack told jurors.

During the trial's punishment phase, Mauldin's mother, Joanie, pleaded for mercy.

"There is no way someone in their right mind would do something like that," Joanie Mauldin told jurors, crying.

Heather Croxton, Ana's foster mother, testified the little girl's wounds still need to be cleaned every day, and that she screams during the painful process. The little girl, who lives with Croxton and her family in College Station, has physical therapy five days a week.

Croxton said she hopes to adopt Ana, who turned 1 earlier this month. A trial to terminate the Mauldins' parental rights is scheduled for April.

Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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