A judge has refused to overturn a jury’s decision to convict a man found guilty of injuring a 2-year-old boy.
Doctors say toddler Alex Buss died of severe injuries to his head. The jury found Kevin Merwin, 24, of Athol, guilty of felony injury to a child. He had been baby sitting the boy at the time.
Merwin has always maintained his innocence and asked Judge James Judd last week to overturn the jury’s decision. His attorney, Fred Loats, argued that jurors had ruled based on emotion, not facts.
Loats pointed out that doctors could not pinpoint exactly how the boy had been injured.
But on Thursday, Judd ordered that the jury’s verdict would stand.
Merwin is scheduled to be sentenced today at 9 a.m.