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Trial underway in death of 15 month old

WARREN COUNTY-- The trial is underway for a Warren County man accused of killing his 15 month old son.

Gary Waite is charged with murder, manslaughter, and endangering the welfare of a child after authorities say he physically abused his son to the point of death. Jesse Smith, Waite's son, died from trauma to the head.

Waite is accused of having "depraved indifference to human life" while causing the death of his son.

During opening statements Warren County District Attorney Kate Hogan told the jury they would hear an abundance of evidence that would show Waite was responsible for the toddler's death.

"Jesse is not here to speak for himself so the doctors will", Hogan told the jury during opening statements.

Waite's Attorney, Marc Zuckerman told the jury there were no eye witnesses and the opinions of doctors who testify are "just opinions".

"There is a reasonable doubt of where and when the injuries occurred," Zuckerman said in his opening statements.

According to court documents Waite originally told authorities the toddler fell off the couch and hit his head on a metal chair leg. He later changed his story to say because the child wouldn't stop crying he threw him against the couch and he hit his head on the floor.

Prosecutors say the injuries and cause of death do not match the story Waite told.

The trial will continue Thursday where more witnesses are expected to take the stand.