Updated: 02/20/2014 7:04 PM
Created: 02/20/2014 11:15 AM WNYT.com
By: Jessica Riley
TROY -- A jury found Adrian Thomas guilty of killing his four month old son, Matthew, after seeing video of his interview with police. The jury also considered a statement where Thomas allegedly admitted that he slammed the baby down on the crib, repeatedly.
But the Court of Appeals decided that the so-called confession to police was extracted through "threats and misrepresentations" and during a retrial it won't be allowed as evidence.
It was argued during the trial that Matthew died of infection and severe brain trauma and Chief Justice Lippman wrote in Thursday's decision that there was sufficient evidence to support a conviction "...however does not end the inquiry we are assigned on this appeal before us..."
Thomas' defense attorney is considering asking a Judge to dismiss the indictment entirely and might also request a bail hearing, as Thomas was sentenced to 25 years to life in the Auburn Correctional facility.
"If they (the Rensselaer County DA) decide to go to trial they will not be able to prove their case. It's as simple as that. So do you want to do to trial? Except out of being pig headed or a desire to spend more of the taxpayers' money," said Jerry Frost, one of the attorneys who defended Thomas.
Acting Rensselaer County District Attorney Art Glass said he respectfully disagreed with the high court's decision and that he is disappointed. Glass added that his office is moving ahead with a retrial and it could occur within 4-6 months.