Family cries out for justice for 3-year-old who died due to alleged abuse

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ROCHESTER, N.Y. (WHEC) — A Rochester man charged with the 2020 murder of a 3-year-old boy went on trial Wednesday. The boy’s mother and her boyfriend are accused of abuse that led to his death.

Wednesday morning five witnesses took the stand. All from emergency crews who responded to the 911 call. Each one said when they arrived on the scene they found Kei’Mere Marshall in the home, unresponsive, with bruises across his body.

"It’s not an easy situation, they’re showing a lot of evidence, I want to see them go to jail for the rest of their life because ‘Moochie’ didn’t deserve what they did to him,” said Kei’Mere’s godmother, Desire Phillips.

"Moochie" was 3-year-old Kei’Mere Marshall’s nickname. Police say on July 11, 2020, Kei’Mere was found unconscious and not breathing inside a home on Avenue C. He was taken to the hospital where he died three days later.

"He was a live wire, he made everyone happy,” Phillips said. "He was talkative, he was always hungry! That’s Moochie, he loved to eat he loved to play, and he loved his brother.”

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Kei’Mere’s mother, Andrea Lipton, 28, is facing a second-degree manslaughter charge in the death. Her boyfriend, Anthony Love, 32, who lived at the home, is also charged with murder and manslaughter. Inside the courthouse, family members were breaking down in tears for justice.

"There was nothing we could do, it was already too late. The last time we saw Moochie before he died was Memorial Day weekend,” Phillips said.

The first two witnesses we saw took the 911 call. During that call, you hear a woman screaming "He’s not breathing".

Then we heard from members of the Rochester Fire Department and EMS who were first to arrive on the scene. They stated that they found Kei’Mere on the floor in the bathroom, unresponsive, and not breathing, in just his underwear. They described the child’s swollen bruised eye and markings across his body.

The next witness was an evidence technician with RPD who took photos of Kei’Mere and his injuries. The injuries described were what we saw in those photos.

"Swollen, his eyes were swollen, his eyes damn near shut… Sorry. His eyes were closed,” Phillips said, visibly upset.

Phillips said she suspected that her godson was being mistreated, and wished there was more she could have done to save him.

"I was just going to keep him forever, but I didn’t want to go through the consequences of the police saying I kidnapped him, so I took him home and I knew it wasn’t right but I had to do it, my hands were tied,” Phillips said.

The Monroe County District Attorney said the witness list is about 60 people total and will go into next week.

During opening statements, Child Protective Services (CPS) involvement was mentioned, but it’s not clear if CPS will be brought in on this case. It was stated that a newer employee was sent out to the home to check on the child weeks prior to his death. CPS says because of the ongoing trial they cannot comment.