Windham dad gets 15 to 30 years for abusing infant son

By James A. Kimble
Staff writer

June 06, 2008 10:18 am

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BRENTWOOD — A Windham father will spend at least 15 years in prison for what a judge called one of the worst cases of child abuse ever seen by police and prosecutors.

Gurrie Fandozzi, 42, a former lawyer, was sentenced yesterday to 15 to 30 years in state prison for cracking six of his 7-month-old son's ribs and a bone near the baby's tailbone. Prosecutors had asked for a 20- to 40-year sentence for the seven convictions of first-degree assault.

Tammy Fandozzi suggested the court free her husband, otherwise she and her three children would suffer severe emotional trauma and financial ruin. The couple had their third child since charges were brought against Gurrie Fandozzi.

"They do not understand why their father simply disappeared one day," she said. "Every time someone comes to the door my son cries, 'Daddy, Daddy!" He is deeply sad and cries, and I tell him hopefully someday it will be Daddy."

As the verdict was read yesterday, Tammy Fandozzi sobbed from the court gallery's front row. Gurrie Fandozzi wiped away tears and stared straight ahead through most of the 21/2-hour hearing.

Several friends and family members told Superior Court Judge Tina Nadeau there must have been some mistake. Fandozzi was nothing but gentle and kind around others, especially children, they said.

That was in stark contrast to prosecutors' description of Fandozzi. He was a stay-at-home dad who took his stress out on the youngest of his two children while his wife, also a lawyer, climbed the corporate ladder at the Social Security Administration in Boston.

Medics responded to the Fandozzi home on Squire Armour Road on Aug. 2, 2006, because the couple called 911, reporting their baby was not breathing. Hospital X-rays later revealed the 7-month-old had 26 broken bones in various stages of healing.

Assistant County Attorney Patricia Conway said Fandozzi changed his story several times about how his son was injured while being questioned by Windham police. When police challenged him, "then he would come up with another story," Conway said.

The Fandozzis resisted the police investigation, denying access to the baby's medical records and requiring a court order to have their daughter interviewed by state child protection workers, Conway said.

"He is not a good candidate for rehabilitation because he never admitted he made a mistake or that he hurt his child or that he has any remorse for hurting his infant son," Conway said. "When EMTs were trying to save his son's life, he went over to the fridge to take a sip of water."

Prosecutors insisted Fandozzi needed to be severely punished. Defense lawyer Steven Shadallah and Tammy Fandozzi insisted a harsh sentence would only further punish his family.

Conway cited the Fandozzis' decision to have a third child since the charges were brought as another example of Gurrie Fandozzi's callousness. That provoked anger from Tammy Fandozzi when she spoke to the judge.

"I am deeply, deeply offended by that statement," she said. "Albeit this was an unplanned pregnancy. I chose life. I chose to bring her into the world. You have no right to judge me."

Shadallah also called into question an analysis by Dr. Alice Newton of Children's Hospital. She concluded the baby had been abused at least twice.

"She doesn't know because it's an art, it's not an exact science," Shadallah said. "There's so much we don't know, and one of the things we don't know for certain is that this happened twice. ... It's equally possible or plausible it only happened once."

Nadeau said the medical evidence and testimony told another story.

"I've been on the bench long enough to know that kind, gentle people commit horrible acts," she said.

She barred Fandozzi from seeing his children without a third party present. That could change once a mental evaluation is completed.

Shadallah said Nadeau needed to consider the jury's seemingly contradictory verdict. They found Fandozzi guilty of breaking seven of the baby's bones, but not guilty of breaking another 19.

"We're under this cloud because you don't know when these happened, how it happened," Shadallah said. "The same hands that the jury says caused those injuries fed the child. Those hands clothed the child and cared for that child. There wasn't one witness that said he was nothing but caring."

Conway responded to claims of the family's suffering by blaming Fandozzi for his family's misfortune.

"I know it will affect his family and I'm not happy about it. It's not because of this court, it's not because of this state, it's because of this man," she said, pointing at Fandozzi.

After the hearing, County Attorney James Reams said he was satisfied with Nadeau's sentence.

"This is one of those cases where there are no winners," Reams said. "I think the sentence is appropriate, even though we asked for a sentence that was a little higher. ... It was a hard case for everyone."

Shadallah said he expects an appeal will be filed.

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