Teen charged in 5-year-old cousin's murder

Teen charged in 5-year-old cousin's murder

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Testimony continues in Gary Waite trial

WARREN COUNTY -- The trial of the Warren County man accused of killing his toddler son picked up again Thursday.
Gary Waite  is facing murder and manslaughter charges in the death of his 15 month old son, Jesse Smith.  Waite told police his son fell off a couch and hit his head, back in February, but authorities say the injuries were not consistent with that story, according to court papers.
Several key witnesses for the prosecution took the stand, Thursday, including a Glens Falls Hospital emergency room doctor who testified the injuries he saw on 15 month old Jesse Smith were not consistent with the story Waite's accounts of what happened.
"I never saw an injury like this from falling off the couch", the ER doctor testified. "He had an almost zero percent chance of survival when he came in."
The doctor told the jury, Thursday, Jesse Smith's head was extremely swollen and "it would take a significant amount of force to cause this injury".
During cross examination Waite's attorney, Marc Zuckerman, pressed the doctor on a timeline of events asking if the doctor knew when or how the injuries were sustained. The doctor testified saying he could not, adding it would only be opinion if he guessed.
Also testifying Thursday was the mother of one of Gary Waite's children, but not the mother of Jesse Smith.
The woman testified that she would often watch Smith while Waite was at work. The woman saw the toddler the day he went to the hospital for the head trauma. She testified she dropped him off at Waite's apartment that morning and Smith was in fine physical condition.
Later in the day the woman testified she received a phone call from Waite and while on the phone heard a "blood curdling cry".
With each witness Waite's attorney tried to highlight the fact his client was visibly shaken by the health of his son that day.
The trial will continue Friday in Warren County Court.
 
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