POSEY CO., IN (WFIE) -
On Tuesday, a jury was seating and attorneys gave their opening arguments in the trial of a Posey County man accused of killing his baby.
24-year-old Timothy Alex Lear was arrested in February of last year in the death of four and a half month old Bryson Clardy.
Court wrapped up for the day around 4:30 p.m. Tuesday afternoon, and it took several hours for a jury of seven women and five men to be seated.
They heard opening statements and from several witnesses about what happened to four and a half month old Bryson Clardy on Valentine's Day in 2011.
"There's nothing that hits a small community harder than the death of a child. So we just hope as this trial proceeds that we can bring justice to the victim's family and to this community for what's happened," said Posey County Prosecutor Travis Clowers.
And what happened, according to Clowers, is that Bryson's father, Timothy Lear, shook and beat his young son to death.
Jurors heard from several witnesses including two firefighters who were first on the scene. They also listened to a 911 call Lear made that night.
According to the probable cause affidavit, Bryson died from brain injuries.
Lear's defense attorney, William Gooden, tells 14 News that he's well aware of the emotions that may come into play in a case like this.
"I do think there's a tendency for, even though most of the jurors denied this, but I think there's a tendency to assume that if a four and a half month old dies at home it had to be a crime," Gooden said.
Lear is now 24 and Gooden says he's not yet sure if he'll take the stand.
"Basically , it's his decision. Certainly, I'll recommend, but really too early to tell," Gooden said.
While they may not see eye to eye on many things in this case, there is at least one thing both sides can agree on.
"A four and a half month old child died and regardless of what happened, it's a tragedy, terrible tragedy," Gooden said.
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Timothy Alex Lear. Source: Posey County Jail
