Buffalo, NY (WBEN) The Appellate Division of State Supreme Court has upheld the conviction of a man who killed his stepson.
Ali-Mohamad Mohamud was convicted in October 2012 of beating his ten year old stepson Abdifatah to death. He is serving a 25 years to life sentence for the second degree murder charge.
Mohamud claimed he was denied a fair trial because the presiding judge refused to submit to the jury the extreme emotional distress to the jury, which would have reduced the charge from murder to manslaughter.
The court ruled the defendant's conduct does not mean he acted under an extreme emotional disturbance. Instead the court ruled Mohamud had to prove a loss of self control to have the defense submitted to the jury. The appellat court slso pointed to Mohamud's "matter of fact" behavior after the crime, efforts to destroy evidence, and initial lies. The court also emphasized he never indicated he lost control when he did admit to the crime.
Mohamud struck his stepson more than 60 times with a rolling pin while the child was bound and gagged.