Jury still out in trial against man charged with killing girlfriend’s 3-year-old

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ROCHESTER, N.Y. (WHEC) — The jury will be back Thursday morning to continue deliberations in the trial for the man accused of beating his girlfriend’s three-year-old child to death.

Kei’Mere Marshall was found unconscious and not breathing inside a home on Avenue C on July 11, 2020. He had bruises across his body. He was taken to the hospital where he died three days later.

Anthony Love, 33 is on trial for murder and manslaughter for the toddler’s death. Prosecutors told the jury Love repeatedly beat the child.

The jury began deliberations on Tuesday.

Kei’Mere’s mother, Andrea Lipton, 29, is facing a second-degree manslaughter charge in the death.

Prosecutors called this one of the worst cases of child abuse they’ve ever seen.

During the trial, a neighbor, and a doctor from Rochester General Hospital testified about the boy ending up in the hospital with injuries back in May.

Wednesday afternoon, the jury came back into court to see the police interrogation of love replayed on video.

Relatives of the little victim, known to them by the nickname "Moochie", have been keeping close watch at the Hall of Justice. They said even a year and a half later, it’s been tough hearing all over again what the little boy went through.

"He was in a lot of pain," said the boy’s godmother, Deaire Phillips, "At one point, Andrea’s dad suggested that they take him to the hospital and they decided against it. They really decided to deny him help. So, that’s really kind of hard on us because we wish we were there to help. We wish we had some type of contact with her so we could help him. And, to see that he really needed help and Andrea and Anthony decided against it, it’s just sickening. It makes them just even more evil than they already look."

She continued, "It’s going to be very important for me to always get justice for him, always to make sure people understand and know his story, beyond all of the abuse and the trauma that he went through. He was more than just a battered kid."

Early Wednesday evening, the jury came back again and asked the judge to reread her instructions on the criteria for convicting somebody of second-degree murder. The judge went back over the level of "depraved indifference to human life" that would involve several times.

"In this case, it’s under a depraved indifference to human life theory, which is a little bit lengthier of a definition than perhaps what people think is the murder that’s charged or regularly which would be intentional murder," said Assistant Monroe County District Attorney Sara VanStrydonck. "Potentially confusing? Lengthy. It uses strong language and this one specifically is designed for cases involving children victims."

The jury is set to resume deliberations at 9:30 a.m. Thursday.