KMAN Radio reports it was one of several motions Leon Patton filed.
The 20-year old is accused of shaking his 2-month old son Leon Patton Junior in July 2008. The boy was life-flighted to the University of Kansas Hospital in Kansas City with life threatening brain injuries.
In addition to the motion to dismiss, KMAN reports the judge also denied motions from Patton and his defense for the prosecution to declare exactly how they believe Patton injured his son and to conduct a hearing on what the prosecution has now dubbed “Shaken Baby Syndrome.”
The prosecution also filed two motions in the case. The motions will be presented at a hearing Friday, July 10th.
Patton was dismissed from the K-State team after the charge was filed in September.