A lawyer for a man charged with beating his five-year-old son to death is arguing that prosecutors cannot prove that he committed first-degree murder.
The Trib reports that during a hearing on Wednesday, Assistant Public Defender David Mulock argued that evidence presented last month during a preliminary hearing did not conclusively show that Jacob Maloberti intended to kill his 5-year-old son. The defense claimed that because Maloberti is unlikely to be convicted of that specific crime, he is eligible to be released from jail on bail as he awaits trial.
Maloberti is charged, along with his wife, of killing 5-year-old Landon.
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