1COP FALLS FROM WINDOW

DURING STRUGGLE

A Philadelphia police officer and a suspected home invader with whom he was struggling were injured yesterday morning when they fell from a second-story window at a home in Mayfair, police said.

The 37-year-old cop, whom a source identified as Ernie Walker, responded to a call about 4:30 a.m. of a burglary in progress at a house on Leonard Street near Robbins Avenue. Upon arrival, he found that a 27-year-old man had pushed his ex-girlfriend, who has a restraining order against him, into her house and was holding her against her will, police said.

When the assailant, whom police did not identify, tried to escape through a second-floor window, a struggle ensued and both men fell out the window and onto a patio below, police said.

Walker was taken to Hahnemann University Hospital with head injuries and was treated and released. After tests showed that his head injuries were more serious than initially believed, he returned to the hospital, where he remained yesterday in stable condition, police said.

The suspect was taken to Aria Health's Frankford hospital with leg injuries, police said. He was expected to be charged with aggravated assault, burglary, unlawful restraint and related offenses, police said.

2MURDER CHARGE

IN BABY'S DEATH

Marquise Waliyyuddin, 24, of 5th Street near Hunting Park Avenue, in the city's Hunting Park section, was charged with murder, endangering the welfare of a child and related offenses in the death of 3-month-old Aiden Jameer Santiago on Sunday, police said.

Waliyyuddin, the baby's godfather, was watching the baby at his house when he allegedly shook him so hard that the child suffered cranial hemorrhages. The baby was admitted to St. Christopher's Hospital for Children about 7:20 p.m. and was pronounced dead before the night was over, police said.

3PHILLY MAN ESCAPES FROM CHESCO REHAB

A Philadelphia man who was nearing the end of his state prison term was on the lam yesterday after fleeing from a Chester County drug-rehab center, State Police said.

James Lee Abner, 25, was last reported seen at 6:40 p.m. running from the Gaudenzia Inc. drug rehabilitation facility in Westtown Township, police said.

State prison officials said that Abner had been granted prerelease and was nearing his minimum release date - Aug. 21 - for a three- to six-year prison term. Instead, he will face additional charges when he is returned to custody, police said.

Police said Abner has a history of drug and weapons offenses. Tipsters: Call Embreeville barracks at 484-340-3241.

UPDATES:

DEATH SENTENCE

FOR FOUR MURDERS

A Northampton County jury has decided that a convicted murderer should be put to death for killing his ex-girlfriend and three other people last summer while he was on parole.

Jurors deliberated for less than two hours before deciding on four death sentences for Michael Eric Ballard, 37, in the stabbing deaths of Denise Merhi, 39; her father; her 87-year-old grandfather; and a neighbor who rushed to their aid. Ballard pleaded guilty last month.

- Staff and wire reports