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Guilty plea, but walks free
Posted: 10.13.2011 at 7:48 PM
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Cesar Deanda, formerly convicted of killing his girlfriend's 17-month-old son, is freed after pleading guilty to negligent homicide.  / FOX21: File Photo
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COLORADO SPRINGS, COLO. -- A southern Colorado man convicted of killing a 17-month-old baby is now a free man.

In May 1996, Cesar Deanda was convicted of child abuse resulting in death of his girlfriend's son, Donivan Bader. He was sentenced to 32 years in prison, but 14 years later Deanda was released after the Colorado Court of Appeals issued a decision for a retrial on the grounds his attorney, Mark Hanchey, had a conflict of interest during the trial.

In the meantime, Deanda was a free man.

Deanda was scheduled to appear in court in Colorado Springs Thursday to prepare for his new trial. Instead, the 38-year-old plead guilty to negligent homicide.

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"It is a lesser offense and does not carry the same penalties as his earlier conviction," District Attorney Dan May said. "It is an admission that he killed the child, but because it is a lesser sentence, he has already served his time."

Deanda spent 15 years and eight months behind bars, but Donivan's family believes that was not long enough.

"When he was convicted for 32 years, I think he should have served at least 20," Jim Bader, Donivan's grandfather said. "That's where I feel short-changed."

May said the retrial would have been difficult because four witnesses have since died, including the key witness, Donivan's mother.

"A lot of the evidence has been destroyed, and the courts ruled transcripts from the previous trial could not be used," May said. "We were left with a very difficult decision."

Though they are pleased that Deanda admitted to guilt, the Bader family are disappointed he was not given a longer sentence.

"It hurts like you wouldn't believe," Mary Bader, Donivan's grandmother, said. "I don't believe in the death penalty, but I think he should rot in jail like the rest of the rats."

Mary said she and her husband are doing their best to move on, but closure is impossible.

"There will be no closure," Jim said. "Just try to learn how to live from this point forward."

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