No new trial for teen convicted of videotaped beating death - Fox 2 News Headlines

No new trial for teen convicted of videotaped beating death

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Delfino Mora Delfino Mora
Anthony Malcolm (Cook County Sheriff's office) Anthony Malcolm (Cook County Sheriff's office)
Nicholas Ayala (Cook County Sheriff's office) Nicholas Ayala (Cook County Sheriff's office)
Malik Jones (Cook County Sheriff's office) Malik Jones (Cook County Sheriff's office)
CHICAGO (Sun-Times Media Wire) -

A judge didn't buy it when an attorney said his 19-year-old client was not guilty of murder for videotaping the fatal beating of a disabled man by two of his friends, and on Friday, the judge didn't buy it when Anthony Malcolm asked for a new trial.

On July 1, Cook County Judge Joseph Claps found Malcolm guilty of murder a 19-year-old man guilty for the beating death of 62-year-old Delfino Mora—a brutal crime that the teen captured on videotape and posted on Facebook.

Attorneys said all he did was hold a cellphone camera during the deadly attack, but Claps disagreed, saying when delivering the verdict that Malcolm was "not only present, but also accountable" for the death.

"It's a sad travesty that Mr. Delfino Mora died because of the actions of people who apparently think that what they were doing was a game," Claps said. "Well, it wasn't a game for Mr. Mora and his family."

On Friday, Claps denied a defense motion for a new trial and set sentencing for Sept. 12, according to Cook County State's Attorney's office spokeswoman Tandra Simonton.

Also charged in the July 2012 attack in the 6300 block of North Artesian Avenue are Malik Jones, 18, who allegedly threw the deadly punch, and Nicholas Ayala, 18. They are being tried separately and are scheduled for status hearings on Aug. 19.

At the time of his verdict, Claps said Malcolm wasn't guilty simply for being present when Mora died, but was an accessory because, among other things, he was videotaping the slaying and did nothing to contact authorities.

"A man is lying in the alley unconscious and there's no information that I'm aware of that this defendant took any action, even anonymously, to call for help for that individual," Claps said.

During Malcolm's trial, prosecutors played the dramatic one-minute recording of the attack, on which gales of laughter from the three teens could be heard on the tape.

Mora, who was holding a red aluminum can when he was approached by the youths, apparently didn't seem to understand Jones and looked toward Ayala, thinking he spoke Spanish, prosecutors said.

"Got some money in your pocket?" the teen prosecutors identified as Jones asked the confused Mora. Then, Jones can be seen punching Mora once in the jaw.

"Bitch," Jones allegedly hissed as the 5-foot-5 Mora crashed hard on the pavement -- a shocking scene that elicited gasps from the Mora's family watching the trial.

Prosecutors argued that Malcolm was as culpable as Jones and Nicholas Ayala who, authorities say, proceeded to rifle through Mora's wallet as he lay dying in the alley.

A friend of one of Mora's sons happened to see videotape of the attack on Facebook, authorities said.

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