Updated: 05/28/2014 6:21 PM
Created: 05/28/2014 6:06 PM WNYT.com
By: WNYT Staff
TROY – The jury is now seated in the re-trial of Adrian Thomas.
The Troy man is accused of killing his infant son in September 2008, by repeatedly throwing the baby in his crib.
The 12 person jury and alternates were picked and then told to be back at 2 p.m. Wednesday afternoon for opening statements.
However, other matters involving a potential witness took up the afternoon outside the presence of the jury.
This is the second trial for Adrian Thomas. The jury in the first trial heard his confession to police, but in February the State Court of Appeals threw out the conviction saying a highly coerced conviction could not be used as evidence. They ordered a new trial without the confession. Jury selection began on Tuesday, and finished earlier on Wednesday.
Both sides then argued before the judge about a witness the prosecution wants to call in this trial – an inmate who was incarcerated with Thomas before the 2009 trial, who claims Thomas made admissions to him about killing his son.
The judge says he will make a decision on the witness on Thursday morning, and has ordered the jury to report at 10 a.m.