The Rhode Island Supreme Court has upheld the second-degree murder conviction of a man who was found guilty of fatally shaking his infant daughter in 2002.
The Providence Journal reports that Rocco D'Alessio was sentenced to 60 years in prison with 40 years to serve and 20 years suspended.
He argued that new evidence raised questions about the conviction.
According to the Supreme Court's review of the case, on Jan. 13, 2000, D'Alessio was caring for his infant daughter, Gianna, at the Providence home that he shared with the baby's mother, Jennfer Greenhalgh. She left the baby with D'Alessio when she went to work.
Fire Department rescuers arrived at the house because the infant was having trouble breathing. D'Alessio refused to have Gianna taken to the hospital and the rescue team left.