CANTON A former Massena man accused of assaulting a 13-month-old child was released on probation after a mistrial Tuesday in St. Lawrence County Court.
Daniel A. Frederick, 29, of 417 Washington St., Watertown, formerly of 8 Bucktown Road, was facing charges of second-degree assault, a class D felony, and endangering the welfare of a child, a class A misdemeanor.
Although jurors were deadlocked after two days of deliberation on the felony charge and unable to agree upon a verdict, they did find Mr. Frederick guilty of the misdemeanor charge.
St. Lawrence County Assistant District Attorney Joshua A. HaberkornHalm declined to comment on the outcome but said he intends to retry the felony assault charge as soon as he is able.
Mr. Fredericks attorney, David A. Haggard, said that while he and his client are disappointed in the single guilty verdict, he respected the time the jury took to deliberate carefully on the case.
I remain confident that if the DAs office chooses to retry Mr. Frederick, the system will find him not guilty, Mr. Haggard said. I dont think they will be able to prove the charge.
The charges against Mr. Frederick stemmed from a March 16, 2012, incident when his then-girlfriend Kaitlin A. Murrays daughter, Isabella, reportedly had a burn mark on her right cheek and several other red marks on her chest, back, arms and legs. She was treated at Massena Memorial Hospital.
Mr. Frederick reportedly had been baby-sitting the child that day, and the injuries were discovered when he took the child to Ms. Murrays sisters home that evening when he was driving to Potsdam to pick up the childs mother.
St. Lawrence County Judge Jerome J. Richards did not set a sentencing date and said he would schedule a retrial as soon as possible.