TOPEKA, Kan. (WIBW) -- The mother of a dead infant told a Shawnee County jury on Tuesday that her 7-month-old was active and healthy when she left him with his father.
That man, James Maloun, is on trial, charged with second degree murder for the death of baby Gage, who died in September 2007.
In January 2008, police announced they'd ruled his death a homicide. The district attorney filed charges against Maloun in September 2011.
The child's mother testified that she left Gage with Maloun when she went to pick up her other children. When she returned, EMS was at her home. First responders testified the baby was unresponsive, unreactive and under respiratory distress when they arrived.
Prosecutors say injuries show Maloun shook the child. A jury was seated Monday. The trial will continue Wednesday.