MONROE - The attorney for Casey Shelton on Monday said the state didn't take into account other possible suspects in the 2007 death of Shelton's 2-month-old son, Christopher, and said Green County Sheriff's Department detectives "planted a seed" in the mind of the man who performed the autopsy which led to charges filed against Shelton.
Seven men and seven women were selected Monday to serve on the jury in Shelton's trial in Green County Circuit Court. He's charged with first-degree reckless homicide, a class B felony, in Christopher's death Feb. 28, 2007. If convicted, Shelton faces up to 60 years in prison. The trial is expected to last one week.
Opening statements were made Monday afternoon after jury selection.
Green County Assistant District Attorney Jeff Kohl said the evidence points to Shelton's guilt. He recounted the events of Feb. 28, when Casey Shelton called 911 to report that his son had stopped breathing in an apartment in Decatur township. The infant later was pronounced dead at Mercy Hospital in Janesville.
"He (Shelton) said Christopher had some milk with some formula and began choking," Kohl said. "He says he put him on the floor and pushed on his chest."
Kohl said there's no evidence of Shelton's claim that the baby vomited.
"He said he cleaned up the apartment and put the towels in the washer (after the baby vomited)," Kohl said.
Kohl portrayed Shelton as a person who was abusive to his twin sons, Christopher and Charles. He said Shelton put rags in their mouths and covered them with blankets when they cried. He also told the jury that Shelton threw Charles down on the floor.
Christopher's autopsy, Kohl said, showed there were injuries to the brain and broken ribs caused by someone shaking the baby. A bruise also was found on the baby¹s head.
Kohl said Shelton showed "utter disregard for human life and caused Christopher's death."
Shelton's attorney, Michael Murphy, told the jury the state focused on Shelton as the suspect without looking at others who may have caused the injury - most notably, Christopher's mother, Amy Uptegraw.
"Shelton's statements (to the police) have been consistent. Uptegraw's haven't," Murphy said. "There was tunnel vision on the part of the prosecution and the detectives. They already determined what happened. They fit their investigation to their assumptions."
Murphy said the injuries could have occurred earlier than the Feb.28. He suggested Uptegraw had a history of threatening her children and violence toward her children but Shelton did not.
"She said Casey was a good father," Murphy said as he recounted Uptegraw's initial statements about Shelton. "She changed her statement."
Murphy said one of Amy's children hit the baby in the head with a football about a week before he died. He said the injury could have led to the baby's death.
"Casey didn't cause the death of Christopher Shelton," Murphy said.
Because jury selection wasn't complete until about 2 p.m., later than expected, only two witnesses were called to testify Monday.
Kelly Murray, an emergency medical technician who lived near Shelton's apartment, arrived at the Shelton's apartment a few minutes after he called 911.
She said the baby was on the living room floor without a pulse. She said she called his name and tapped his feet to try to get a response, then administered cardiopulmonary resuscitation. She said the baby vomited a little when she performed CPR but didn¹t notice any vomit or towels.
Under cross-examination from Murphy, Murray had difficulty remembering what the living room looked like and couldn't remember if Shelton had a towel when she arrived.
Green County Deputy Coroner Lucinda Wyss testified she first saw Christopher at Mercy Hospital in Janesville, after he was pronounced dead. She said she didn't see any bruises or blood on him when she saw his body.
Shelton, who was arrested May 14, 2007, in Rock County, remains jailed on a $100,000 cash bond.
He also faces charges in connections to injuries sustained by Christopher's twin brother, Charles. A three-day trial for those charges is scheduled to begin Feb. 4. He is charged with two counts of child abuse, one a class G felony and the other a class H felony. He faces up to 16 years in prison and up to $25,000 in fines, if convicted.
Seven men and seven women were selected Monday to serve on the jury in Shelton's trial in Green County Circuit Court. He's charged with first-degree reckless homicide, a class B felony, in Christopher's death Feb. 28, 2007. If convicted, Shelton faces up to 60 years in prison. The trial is expected to last one week.
Opening statements were made Monday afternoon after jury selection.
Green County Assistant District Attorney Jeff Kohl said the evidence points to Shelton's guilt. He recounted the events of Feb. 28, when Casey Shelton called 911 to report that his son had stopped breathing in an apartment in Decatur township. The infant later was pronounced dead at Mercy Hospital in Janesville.
"He (Shelton) said Christopher had some milk with some formula and began choking," Kohl said. "He says he put him on the floor and pushed on his chest."
Kohl said there's no evidence of Shelton's claim that the baby vomited.
"He said he cleaned up the apartment and put the towels in the washer (after the baby vomited)," Kohl said.
Kohl portrayed Shelton as a person who was abusive to his twin sons, Christopher and Charles. He said Shelton put rags in their mouths and covered them with blankets when they cried. He also told the jury that Shelton threw Charles down on the floor.
Christopher's autopsy, Kohl said, showed there were injuries to the brain and broken ribs caused by someone shaking the baby. A bruise also was found on the baby¹s head.
Kohl said Shelton showed "utter disregard for human life and caused Christopher's death."
Shelton's attorney, Michael Murphy, told the jury the state focused on Shelton as the suspect without looking at others who may have caused the injury - most notably, Christopher's mother, Amy Uptegraw.
"Shelton's statements (to the police) have been consistent. Uptegraw's haven't," Murphy said. "There was tunnel vision on the part of the prosecution and the detectives. They already determined what happened. They fit their investigation to their assumptions."
Murphy said the injuries could have occurred earlier than the Feb.28. He suggested Uptegraw had a history of threatening her children and violence toward her children but Shelton did not.
"She said Casey was a good father," Murphy said as he recounted Uptegraw's initial statements about Shelton. "She changed her statement."
Murphy said one of Amy's children hit the baby in the head with a football about a week before he died. He said the injury could have led to the baby's death.
"Casey didn't cause the death of Christopher Shelton," Murphy said.
Because jury selection wasn't complete until about 2 p.m., later than expected, only two witnesses were called to testify Monday.
Kelly Murray, an emergency medical technician who lived near Shelton's apartment, arrived at the Shelton's apartment a few minutes after he called 911.
She said the baby was on the living room floor without a pulse. She said she called his name and tapped his feet to try to get a response, then administered cardiopulmonary resuscitation. She said the baby vomited a little when she performed CPR but didn¹t notice any vomit or towels.
Under cross-examination from Murphy, Murray had difficulty remembering what the living room looked like and couldn't remember if Shelton had a towel when she arrived.
Green County Deputy Coroner Lucinda Wyss testified she first saw Christopher at Mercy Hospital in Janesville, after he was pronounced dead. She said she didn't see any bruises or blood on him when she saw his body.
Shelton, who was arrested May 14, 2007, in Rock County, remains jailed on a $100,000 cash bond.
He also faces charges in connections to injuries sustained by Christopher's twin brother, Charles. A three-day trial for those charges is scheduled to begin Feb. 4. He is charged with two counts of child abuse, one a class G felony and the other a class H felony. He faces up to 16 years in prison and up to $25,000 in fines, if convicted.