Updated: 01/14/2014 5:38 PM
Created: 01/14/2014 10:37 AM WNYT.com
By: WNYT Staff
ALBANY - In chambers at the New York State Court of Appeals Tuesday, Adrian Thomas' attorney argued that investigators with the Troy Police Department told Thomas that Matthew was alive, but seriously injured and that doctors needed to know exactly how he was injured in order to save him.
In actuality, baby Matthew was already dead, but testimony indicates that Thomas told detectives that he threw the infant forcefully onto a bed several times and struck his head against the crib.
The defense also claims that Thomas took the fall to protect his wife, a mother of six, who detectives said they were going to question as well.
The prosecution countered that police deception is legal, as long as the confession it garners is true.
An earlier appeal to a lower court was denied. A decision in this case is expected in about six weeks.