SAN BERNARDINO – (INT) – A man convicted of fatally beating his 4-year-old son with a baseball bat is appealing his no-parole prison term.

Two Superior Court juries could not unanimously agree whether Harby Burden should be executed.

Last month, a judge denied a motion for a third penalty trial and ordered Burden to prison for the rest of his life.

Burden stands convicted of his son’s murder nearly 10-years ago. It happened at Burden’s San Bernardino apartment when the boy, known as ‘A.J.’, soiled his pants and Burden became enraged.

The appeal was filed February 3rd.

Story Date: February 10, 2016