"I dropped him, but it's not like I did it on purpose"

POSEY CO., IN (WFIE) - The Timothy Lear murder trial is nearing an end in Posey County.

Both sides have rested. The 24-year-old is accused of killing his son, four-month-old Bryson Clardy.

Over the past three days, Posey County Prosecutor Travis Clowers had somewhere around 13 or so witnesses take the stand, including two medical experts who testified Thursday.

The defense on the other hand called just one and Timothy Lear did not take the stand.

But the jury still heard from him, through videotaped statements with police, the third of which was played first thing this morning.

That videotaped statement, made at the request of Timothy Lear, was taken at the Posey County Sheriff's Office on February 17, 2011 after Lear had been arrested.

In the video, the tearful 23-year-old told police he hadn't been truthful with them in the past.

He said "I'm sorry I lied. I was scared.  I was scared. I didn't want to go to jail. I was afraid I was going to get in trouble."

During the statement, Lear explained that on February 14th, he dropped his son Bryson on the kitchen floor after tripping over Bryson's older sister, Aubrey.

"I didn't mean for it to happen," Lear said.

Later in the recording, Lear explains that he dropped Bryson and then fell on him.

"I dropped him, but it's not like I did it on purpose."

Lear also told police "I never shook my child. I never hit my child, struck my child."

But the veteran pathologist who performed the autopsy on Bryson testified that in his opinion the baby's brain injuries were caused by shaking, throwing or spinning the child around.

Injuries he said were found in cases of abusive head trauma, formerly referred to as shaken baby syndrome.

"He testified that in his medical opinion, these injuries were inflicted and could not be caused from a fall," said Clowers.

Defense Attorney William Gooden tried to cast doubt by bringing up the controversy in the medical community surrounding shaken baby syndrome.

But the pathologist did not change his opinion, and a pediatric specialist from Indianapolis agreed, saying she believes Bryson died as a result of abusive head trauma, or shaken baby syndrome.

Closing arguments are set to begin at 10:00 a.m. Friday. Clowers tells 14 News that he does expect the jury to reach a verdict Friday.

14 News reporter Erin Meyer will be in court live tweeting about what's happening. You can follow her at @ErinMeyer14News.

Of course we'll also keep you updated throughout the day on air and at 14News.com.

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