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Cesar Garcia-Soto, now 29, was arrested in February 2008 and charged with first- and second-degree murder and two counts of child abuse in connection with the death of his 3-month-old son.

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Judge refuses to throw out death penalty in fatal child abuse case

PRESCOTT - A judge on Thursday denied a defense motion to dismiss the death penalty in a fatal child abuse trial because, the defense attorney argued, it is unsafe to go to the defendant's hometown in Mexico to find evidence that would help his case.Cesar Garcia-Soto, now 29, was arrested in February 2008 and charged with first- and second-degree murder and two counts of child abuse in connection with the death of his 3-month-old son.