Trial continues for Glens Falls man accused of causing son's dea - NEWS10 ABC: Albany, New York News, Weather, Sports

Trial continues for Glens Falls man accused of causing son's death

Photo: Gary Waite Photo: Gary Waite

GLENS FALLS, N.Y. – The trial of a Glens Falls man accused of causing the death of his 15-month-old son continues Monday.

Last week, prosecution took the stand, including one of the police officers who first questioned Gary Waite.

Captain Peter Casertino of the Glens Falls Police Department, previously Detective Sargent, was one of the officers assigned to investigate to death of 15-month-old Jesse Smith back in 2012.

On Friday, Casertino testified that the explanation Gary Waite gave at the hospital, for how his son became so injured, seemed inconsistent with the child's injuries, that the 29-year-old was questioned a second time. He read aloud Waite's entire four page statement from 2012. In it, Waite states a teething Jesse fell 4 or 5 times in the house that fateful February weekend.

Waite stated that when he told the child to calm down his crying, Jesse didn't listen. Waite states that out of frustration, he threw Jesse to the other end of the couch, and he bounced onto the hardwood floor below.

However, no blood was found on that area of the hardwood floor, according to a State Police Forensic Scientist who also testified Friday.  He also said there was no blood on the chair Waite said Jesse later hit his face on. 

The forensic scientist also said there was a good amount of blood found in the bathroom and on the living room rug, and DNA found on Waite's clothes, all belonging to Jesse.

On Thursday, a doctor with the Glens Falls Hospital took the stand, testifying that little Jesse Smith was already in a coma when he arrived at the emergency room.   

Waite is charged with second-degree Murder and Manslaughter. If convicted he could face 25 years to life in prison. 

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