BANGOR, Maine (WABI) - A trial is underway in Bangor for the man accused of killing a six month old boy in Millinocket four years ago.
36-year-old Jessee Mackin is charged with manslaughter for the death of Larry Lord.
"Mackin will testify and tell the court he didn't do it," said defense attorney, Stephen Smith.
Jessee Mackin waived his right to a jury opting for a judge to decide if he is guilty of manslaughter for the death of six-month-old Larry Lord.
His lawyer says Mackin will take the stand to tell the judge he is innocent.
"He doesn't know who did it, but he knows who else was there and the court will hear testimony about that. Mackin's only crime is being the sole male present in this household and a jump to conclusions by prosecutors that he must have been the one to do it," said Smith.
The baby was the son of Mackin's girlfirend, Jamie Clark. In court, prosecutors said the two had been dating for two months and that Clark and her two kids had only been living with Mackin for a short time.
"Fire destroyed their previous apartment only eight days before," said prosecutor, Meg Elam.
The prosecution says testimony from medical staff who cared for the baby will prove Mackin was responsible for the head injuries that killed him because they say he was the last one to hold the baby before 911 was called. They say the baby had been fussy for a few days due to teething.
"While in Jessee's arms, Larry's tiny body stiffened and then went limp. Seeing this strange and sudden moment, Jamie called 911 at about 3:25 pm. The injury was such that Larry's symptoms would have been immediately apparent taking only seconds to minutes from the time the injury was inflicted," said Elam.
But Mackin's lawyer says this wasn't the case.
"There's an extended period of time in which this child could have suffered this grievous injury. I don't think there's much of a dispute that the child did suffer an injury, and it seems quite likely this was either intentional or reckless or some other manslaughter manner," said Smith.
"When you determine the amount of time in which Larry was fatally injured, you know he injured him. When you understand the force necessary to cause that fatal injury, you will reach the only logical conclusion based on that evidence that Jesse Mackin is guilty of manslaughter," said Elam.
The baby was the son of Anthony Lord who's serving life in prison for shooting and killing two people and injuring four others in northern Maine in 2015.
Lord said he was overcome with grief because of his son's death.
Testimony continues Wednesday morning.