TROY, N.Y. - Opening statements were expected to get underway in the re-trial against a Troy man accused in the death of his infant son, but it was delayed as a judge decides about use of evidence.
On Tuesday, a jury of 12 was seated, and four alternate jurors were seated on Wednesday morning. Opening statements were expected to begin at 2 p.m. However, the statements were pushed back because the prosecution says it found letters from an inmate who was incarcerated with Thomas.
The inmate wrote that Thomas admitted to him that he killed his infant son.
The defense doesn't want the letters admitted. The judge declined to rule on the letters until Thursday at 10 a.m.
In 2009, Adrian Thomas, 31, was convicted of killing his 4-month-old son, Matthew.
During interrogations, police say Thomas confessed to violently throwing the child on a bed, killing him. However,Thomas' attorneys argued that the confession was forced because police allegedly lied to Thomas to get him to admit guilt.
In February, the state court of appeals agreed that the confession was force and they unanimously tossed the conviction, ordering a new trial. Jury selection began on Tuesday.
During the re-trial, the interrogation video cannot be used as evidence.