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Charles Weimer sits at the defense table Friday during his first-degree murder trial. He is accused in the death of John Paul Gonzalez Jr., 2.

Medical experts testify

The prosecution finished presenting evidence in the murder-by-child-abuse case against Charles Weimer Friday, maintaining it was medically impossible for the victim to have been injured by falling down a flight of stairs as Weimer claimed.

Two medical experts testified Friday about injuries found during the autopsy of 2-year-old Jon Paul Gonzalez Jr. Dr. Inas Yacoub determined the child's death on Jan. 24, 2012, was from blunt force trauma to the abdomen and head inflicted by another person. Both Yacoub, whose testimony and autopsy findings the defense has consistently been seeking to have suppressed because the state Medical Examiner's Office has not been nationally accredited for five years, and child abuse expert Dr. John Stuemky said it's possible Gonzalez Jr. fell down the stairs at some point, but they both said the injuries appeared to have been inflicted by someone else.

Before testimony began Friday, District Judge Emmit Tayloe heard arguments from defense attorney James Hankins and Assistant District Attorney Irma Newburn about the admission of the medical examiner's testimony, which Tayloe ruled would be allowed. Afterward, Newburn asked to make a record of the defense team's conduct since the start of the proceedings Wednesday. 

Newburn asked Tayloe to formally admonish the defense team  Hankins, Gerald Lee and Johnny Lombardi  for improperly showing photographs to jurors and introducing evidence that was not included in pre-trial exhibit lists.

"They're trying this case with unfair surprise," Newburn said, arguing the state is also entitled to a fair trail. 

Newburn said the defense team had been propping up what looked like a mug shot of a white man on its table where the jury could see it and that a woman sitting at the defense table had been turning her laptop computer to another counselor in such a way that jurors could see the screen.

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