Second trial under way in 2-year-old’s death
November 19, 2010 - 12:00 am
A second trial is under way for a Las Vegas man accused of murder by child abuse for the 2008 death of a 2-year-old boy.
During opening statements Wednesday , prosecutors said several physicians will testify that Daniel Jaiyesimi suffered injuries consistent with child abuse. Prosecutors said the boy suffered the injuries, which included bruising to his head, bleeding in his brain and a skull fracture, while being cared for by Victor Fakoya, 42.
Defense attorneys argued the medical facts are inconclusive. They said the doctors who examined the boy disagree on how he suffered his injuries, whether from a blow or from being shaken.
The defense is expected to call several witnesses who will testify that abusing a child would be out of character for Fakoya, who received a master's degree from the University of Nevada, Las Vegas and worked at a Strip casino.
In March, Judge Valorie Vega declared a hung jury in the first trial after the jury deliberated for two days and told the judge it was "hopelessly deadlocked," according to court records.
Fakoya had sponsored the boy and his family, who had relocated to the United States from Nigeria in December 2007. They were living with Fakoya in his Spring Valley home, along with his wife and two daughters.
Prosecutors allege that on Aug. 8, 2008, the boy suffered injuries consistent with child abuse while in Fakoya's care. He died three days later at Sunrise Hospital and Medical Center.
In the first trial, Fakoya took the witness stand in his own defense. The boy's father, Musediq Jaiyesimi, testified on behalf of the prosecution.
The trial is expected to last a month and feature expert testimony brought by both the prosecution and the defense.
Fakoya remained in the Clark County Detention Center on $500,000 bond .
Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.