BANGOR, Maine — The jury-waived trial of a local man accused of causing the death of his 3-month-old son nearly three years ago is scheduled to begin Tuesday at the Penobscot Judicial Center.
Dustin Brown, 21, of Bangor pleaded not guilty to manslaughter Jan. 3, 2013, after being indicted by the Penobscot County grand jury the day before. He has been free on bail since Jan. 18, 2013.
The trial before Superior Court Justice William Anderson is expected to take three to four days.
Xander C. Brown died Nov. 25, 2012, at Eastern Maine Medical Center. The baby was born prematurely Aug. 22, 2012, to Brown and Alania Cain, according to a previously published report. He died of “traumatic head injuries” and “inflicted trauma,” Lt. Tim Reid, who heads the Bangor Police Department’s Criminal Investigation Division, said at the time the infant died.
Reid said Brown told the baby’s mother that he had been feeding Xander, and when he went to burp him Xander’s head struck his chin. Brown said he “jerked Xander when this happened,” a police affidavit said.
“Dustin told her that Xander went limp after he jerked him,” the document said. “Dustin began crying after telling her this.”
Brown told investigators “he was feeding Xander his bottle when he just went limp while eating and was unresponsive,” Bangor police Detective Brent Beaulieu said in the affidavit. “Dustin denied witnessing or having knowledge of any traumatic injury to Xander.”
The child’s mother and his grandmother, who were in the house while Brown was feeding the baby, said they heard a commotion or “thud sound” just before Brown left the bedroom with the unresponsive baby, according to police.
Defense attorneys Marvin Glazier and Hunter Tzovarras, both of Bangor, are expected to call an expert witness at the trial who will testify the baby may have died of a pre-existing medical condition.
Assistant Attorney General Deb Cashman will present evidence that Brown was the person who inflicted the injuries that killed the boy.
Anderson is not expected to rule immediately after hearing the evidence. The judge most likely will take the matter under advisement and issue a verdict at a later date.
If convicted, Brown faces up to 30 years in prison and a fine of up to $50,000.