BY
JENN McDOWELL
A Windham man convicted
of breaking six ribs and the tailbone
of his infant son has been
sentenced to 15 to 30 years in
prison.
“There are no winners in a
case like this. It’s just a matter
of attempting to provide justice
for a 6-month-old child,” said
County Attorney James Reams
after the sentencing, calling the
case one of the most tragic cases
he’s ever prosecuted.
In November 2007, Gurrie
Fandozzi, 42, was convicted
on first-degree assault charges
stemming from an August 2006
incident. Emergency responders
arrived at Fandozzi’s Windham
home at 20 Squire Armour Road
to find the Fandozzis’ infant son
unconscious and not breathing.
After a medical examination,
26 bones in the baby’s body were
found to either be broken or healing
from prior breaks, county
prosecutors argued in Rockingham
Superior Court.
About two weeks after the
Aug. 2 incident, Windham Police
Chief Gerald Lewis declared
that doctors performing the
examination determined the
broken bones were a result of
repeated abuse.
The jury found Fandozzi,
a former Connecticut lawyer,
guilty of breaking seven out of
the 26 bones.
“I guess I understand the
jury’s sense of why they convicted
him for the specific bones
that they did,” Reams said. “It
had to do with the doctor’s testimony
about how the ribs were
squeezed. It was pretty compelling
testimony.”
Doctors said the injuries Fandozzi
was convicted of inflicting
resulted from squeezing the
child too hard and thumping
him down on his bottom.
During the trial, Dr. Alice
Newton of Children’s Hospital
told the court the injuries indicated
the baby had been abused
at least twice.
Reams said there was “some
ambiguity” remaining about the
cause of the 19 other broken
bones, providing reasonable
doubt.
Fandozzi’s lawyer, Salem attorney
Salem Shadallah, argued
at the sentencing hearing on
Thursday, June 5, that Judge Tina
Nadeau should take into account
that the jury did not convict Fandozzi
of breaking all 26 bones.
Shadallah could not be reached
for comment by press time.
Reams said Shadallah informed
him that an appeal
would likely be filed. Before that
can happen, Shadallah must ask
for a new trial. The whole process
could take about 45 days,
Reams said.
Prosecutors had asked for
20 to 40 years in the sentencing
hearing, but Reams said the 15-
to 30-year sentence is still significant,
given the charges and the
fact that this is the first case of its
kind in a long time to go to trial.
“That would send a message
to him and to anyone else that
was thinking of harming their
child,” Reams said.
Fandozzi’s 4-year-old child
was examined during the course
of the investigation, and no evidence
of abuse was found.
Fandozzi’s wife, Tammy Fandozzi,
was never considered a
suspect in the case, Reams said.
The two children are in their
mother’s custody, and Nadeau
issued a protective order preventing
Fandozzi from having unsupervised
visit with his children
while he’s serving his time pending
a mental evaluation.