component-social-facebook_share_api-v2-01
      17
      Friday
      17 / 5
      Saturday
      12 / 3
      Sunday
      21 / 11

      Man convicted of raping and murdering baby daughter asks for acquittal

      Stephen Deuman, the man convicted of killing his daughter during a sexual assault, has petitioned the court to vacate his conviction, according to court records.

      If a judge would not grant acquittal, the defense is asking for a new trial. Court records show that the defense says the evidence does not support forceful rape, rather that the child accidentally choked on a used condom.

      The 15-week old baby died Aug. 12, 2010 after her father, Stephen Deuman said her found her dead body on the floor next to his bed. He also said he found a condom in her mouth.

      The condom contained the baby's DNA on the outside and the DNA of her parents, which attorney Richard Stroba says is "consistent with (Evelynee) choking on a used condom."

      Federal prosecutors have not yet responded to the filings.

      The case was handled in federal court because the killing occurred on an American Indian reservation.

      FOLLOW US ON TWITTER