Man Convicted of 2nd-Degree Murder in Retrial : Courts: The ruling will reduce prison time for a Costa Mesa man who six years ago was found guilty of first-degree murder in the death of an infant.

A Costa Mesa man who received a new trial after more than six years behind bars for the murder of his girlfriend’s infant son was convicted again Monday. But this time it was for second-degree murder instead of first-degree.

Jurors took no more than half a day of deliberation to decide that Tony Fathi, now 30, was responsible for the death of 7-month-old Daniel Teoduzcu. But the jurors heeded the advice of Deputy Dist. Atty. James P. Cloninger, who told them that while the murder may have been premeditated--which would mean first-degree--it was more likely not.

Although Fathi’s lawyers were disappointed in the outcome, the second-degree conviction will mean considerably less prison time for Fathi. He was serving a 25-years-to-life sentence. When he is sentenced by Superior Court Judge Robert R. Fiztgerald, scheduled for April 27, he faces 15 years to life.

“I’m very disappointed,” said William J. Kopeny, an attorney hired by Fathi’s family to help with the case. “ If this child was murdered, I don’t think the evidence was sufficient to show he’s the one who did it. . . . I don’t think the prosecutors did an adequate job of ruling out others who could have been responsible.”

Fathi had rented a room from the victim’s mother, and they soon began dating. But witnesses showed that Fathi not only disliked the child, but had bitten the child on several occasions and complained about the baby’s crying. On Nov. 29, 1983, the child had been alone in Fathi’s care shortly before he and the mother went out to dinner, leaving the child with friends.

Testimony showed that when they returned home and the mother saw the child’s breathing was labored and his eyes unfocused, Fathi objected to the child’s being taken to the hospital. But the mother took the baby to Hoag Hospital anyway.

The 4th District Court of Appeal in Santa Ana reversed Fathi’s initial conviction essentially because it found insufficient grounds for prosecutors to have contended that the child may have been tortured. Prosecutors did not raise that prospect during the second trial.

One reason Fathi’s lawyers were optimistic about the retrial was the testimony of Dr. Christopher McDougal, who had been the first to see the child at the hospital.

At the first trial, McDougal testified that he saw bruises on the child. But at the retrial, McDougal said he had given much thought to the Fathi case and is now convinced that the child died from whooping cough. The jurors heard two other doctors say that the child’s death was consistent with whooping cough.

But Cloninger had several other medical witnesses, including the pathologist who did the autopsy on the child, who found that death was due to injuries, primarily fractured ribs that led to damaged organs.

“This child died from a beating,” Cloninger said. “Twenty-four jurors have now said that this child suffered at the hands of Mr. Fathi.”

Kopeny, however, said he is unconvinced.

“I think it’s clear that this was a very sick child, much more sick than the mother led anyone to believe.”

Cloninger said the mother cried when she heard about the jury’s verdict.

“This has been extremely difficult for her; she’s testified three times, and she’s been interviewed by police five times,” Cloninger said.