POSEY CO., IN (WFIE) -
New information Friday night on a father sentenced for killing his infant son.
The defense attorney for Timothy Lear plans to appeal the 60-year sentence.
The defense attorney says there is not enough evidence to support the murder conviction.
In a chilling 911 call on Valentine's Day 2010, Timothy Lear called for help for his four-month-old son, Bryson Clardy.
In July, a jury found Lear guilty of murder. Friday, a judge sentenced him to 60-years in prison.
"In these situations, it's heartbreaking for the communities and for the families," said Posey County Prosecutor Travis Clowers.
According to the criminal affidavit, Bryson died from brain trauma similar to injuries suffered in a violent car crash.
Medical examiners say the four-month-old appeared to have been shaken and beaten.
On Friday, the judge said Lear's criminal history lead to an enhanced sentence of 60 years.
Defense attorney William Gooden says he doesn't agree with the jury's verdict.
"I don't think the evidence supported a murder," Gooden said. "Murder is knowingly or intentionally killing someone and I don't think there was evidence here that he knowingly or intentionally killed this child."
Gooden wants Lear sentenced on battery or neglect charges, not for murder. Prosecutors disagree.
"Twelve people from Posey County heard all the evidence, what the doctors had to say and thought it was enough evidence. They returned a verdict with an hour and 20 minutes," noted Clowers.
The defense has 30 days to appeal, in what has been an emotional case.
"It's just difficult for everyone," said Gooden.
The defense attorney says they plan to file that appeal in the next couple days.
The appeal process normally takes about a year before a decision is made.
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