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Child killer’s conviction overturned

Tuesday, Dec. 5, 2000 | 10:18 a.m.

CARSON CITY -- The Nevada Supreme Court Monday overturned the first-degree murder conviction of John Moxley, found guilty of the beating death of his 2-year-old son in Las Vegas in January 1997.

The court said an instruction given to the jury on malice was wrong, and it ordered a new trial for Moxley, who was sentenced to life in prison with the possibility of parole.

The court said the evidence was undisputed that the child, Jonathan Moxley, died of shaken baby syndrome.

An examination showed the baby's whole body covered with bruises, he had a black eye, blood on his penis, subdural hematomas, retinal hemorrhages, intracranial bleeding, swelling of the brain and progressive brain contusions.

Moxley said he and the child were asleep on the couch, and when he awoke the baby was having trouble breathing and was an odd color. Moxley said he began to shake and smack Jonathan in an effort to revive him.

The court said it was unclear how long Moxley engaged in the resuscitation efforts. Moxley initially said it was about an hour but at trial he testified it was only five to 10 minutes before he called paramedics.

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