Prosecutors: Milton man intentionally harmed 3-month-old son; Defense says they can’t prove he caused injuries

The Milton man accused of striking and severely injuring a 3-month-old had marijuana in the bedroom where the infant was sleeping.

The prosecution shared that information during opening arguments in the trial of Jacob Krall, 21, who is charged with assault and two counts of endangering the welfare of a child.

Prosecutors confirmed that the victim is Krall’s son. Krall is accused of inflicting the injuries at his home in March 2023. Prosecutors say that Krall caused a severe head injury.  

Saratoga County Assistant District Attorney Jennifer Buckley outlined the timeline of events and evidence that will be presented during the case. Krall shares custody of his son with his ex-girlfriend, who lives in Granville. He cared for the infant from Friday afternoons through Sunday afternoons at the home where he lives with his grandfather and twin brothers.

Buckley told the jurors that there will not be evidence presented about how Krall is accused of inflicting those injuries.

“I won’t be able to tell you exactly what happened inside the walls of his home,” she said.

The alleged crime happened when Krall was 19, about two months shy of his 20^th birthday.

Jacob Krall was primarily responsible for the child’s care when he was staying there. Buckley said the child was perfectly healthy and had recently changed formulas because of an upset stomach.

Buckley said the baby would get fussy at times, as all babies do, when he was hungry, tired or had a wet diaper.

“He was overall a healthy and happy baby,” she said.  

That changed in the early morning hours of March 19. Buckley said Krall told investigators he woke up around 3:30 a.m. and alerted his grandfather that the baby was limp and unresponsive, and his breathing was shallow. They called 911 and the dispatcher instructed Jacob Krall how to perform CPR.

The baby began breathing again and EMS personnel took over when they arrived. A deputy was also dispatched to the scene, as Buckley said would be normal in a medical case involving a patient that young.

The baby was treated at Albany Medical Center. He was released a little more than week later and is now doing fine.

Police asked Krall questions about the baby’s overall health. Krall reported no issues.

A CT scan at the hospital revealed a subdural hematoma, blood pooling on both the left and right side of his head under the skull. There was internal bleeding and ruptured blood vessels in his eyes and cheeks, according to Buckley.

“The evidence will show that these don’t spontaneously happen, but they are inflicted,” she said.

Krall was questioned multiple times by medical staff and police and gave inconsistent answers, according to Buckley. She said he admitted to an incident earlier in the month where he said he smacked his son’s head when picking him up off an infant swing. That left a bruise.

Buckley said Krall then suggested said maybe he hit his head on a door or something to cause the latest injury.

Police search his home and find the infant swing and bassinet in his room. They also find marijuana, a vape pen and flakes of marijuana in the baby’s bassinet, according to Buckley.

The room also appears damaged, she said.

“They also see holes in the walls and doors consistent with a punch,” she said.

Investigators also collected two cell phones belonging to Krall. There are some text messages in which he complains about the infant being fussy and he writes “I need a break.”

The person he is corresponding writes: “He’s high as f,” Buckley said.

In another interview, Buckley said Krall tells police that he shook Reese, but he was already limp when he shook him.

“The evidence will show he is doing what he can to deflect attention to what happened in his bedroom,” she said. “There’s different stories. There’s inconsistencies, and there are excuses.”

Defense response

In his opening arguments, First Assistant Public Defender Joe Hammer said there will be no evidence introduced directly implicating his client. He claims this was a medical event.  

“Ms. Buckley is signaling an inability to prove how these injuries supposedly occurred,” he said.

Hammer said while the pregnancy was not expected, Hammer said Krall adored being a father. Although Krall broke up with his son’s mother a few months before the incident, his son was his world.

“The evidence will show that this young father loved this child. There will be no doubt,” he said.

Krall performed CPR to help save his son’s life, Hammer added. The infant has fully recovered.

“He is living a wonderful life at this time, and that is likely due to the life-saving measures Jacob took,” Hammer said.

No cameras allowed

Judge Jim Murphy denied a request for audiovisual coverage of the case after a threat was posted on a previous post that Krall had made on his Facebook page back in 2023. It was a picture of his grandfather and son and writing about how much he loved his son.

The commenter wrote: “You should have thought about this post before you did what you did. Tomorrow will be the day that you are paying for your abuse.”

Hammer had argued that photo and video coverage would be prejudicial and Murphy agreed.

Before opening arguments, Murphy reminded the jury of seven women and five men not to watch or read any news about the case.

The trial is expected to last three weeks.