Lopez

FACTS AND PROCEDURAL HISTORY

The relevant facts pertaining to the death of Lopez’s son, Anthony, are set forth in the Arizona Supreme Court’s opin- ion on direct review:

Lopez met a woman in 1987 while he was coaching a coeducational softball team. He soon began having an affair with her and she became pregnant with his child in December 1987. Five months before the child was born, Lopez left his wife and moved in with the mother and her three-year-old son. The baby, named Anthony, was born in August 1988.

One year and nine days later, August 26, 1989, Anthony’s mother left the apartment at 10:00 a.m. to go shopping. She took her older child with her and left Anthony in Lopez’ care. When she returned around noon, Lopez told her an accident had hap- pened. He explained that while he was disposing of a soiled diaper in another room, Anthony had gotten off the bed and pulled a nightstand over on himself. Anthony’s mother saw that he had a bruise on his forehead and another under his chin. She wanted to take Anthony to the hospital, but Lopez refused, say- ing Anthony would be all right.

She held Anthony for a while and then laid him down. He soon wanted to be held again and she…