CHICAGO – A judge is considering a retrial request for a Chicago man convicted of battery for binding his 22-month-old daughter with tape and posting a picture of her on Facebook.
The judge was supposed to issue a sentence Thursday, but Andre Curry's lawyer requested a new trial. The judge will rule on the request Dec. 31.
Curry was found guilty of aggravated domestic battery and aggravated battery, and faces up to seven years in prison.
He posted a photo of his bound daughter with a caption that read, "This is wut happens wen my baby hits me back."
The girl's mother and Curry's lawyer have said the father was merely having fun with the child. But the judge disagreed and criticized Curry for obstructing his child's breathing for his own enjoyment.