BANGOR, Maine — Closing arguments in the jury-waived manslaughter trial of Dustin Brown that focused on his state of mind resumed Thursday before Superior Court Justice William Anderson at the Penobscot Judicial Center.
Brown, 21, of Bangor is charged in connection with the death of his 3-month-old son Xander Brown on Nov. 25, 2012. Anderson presided over the father’s trial Nov. 17 through 19.
Anderson was scheduled to announce his verdict on Dec. 10. Instead, he met with attorneys and asked for further arguments outlining the proof presented at trial about what Brown’s state of mind was at the time of his son’s death.
The judge said Thursday that he is “trying to evaluate all the factors in the case.” He did not say when he would issue a verdict.
Experts for the prosecution during the trial said that the baby died of bleeding and tearing in his brain, an injury most likely caused by violent shaking. A defense expert said he died of cardiac arrest after choking on formula.
Brown told police that he was alone and feeding his son when the baby suddenly went limp. The infant’s mother, Alaina Cain Stacy, now 19, of Bangor, testified that Brown told her he had been feeding Xander, and when he went to burp him, Xander’s head struck his chin.
“The state is not required to establish a specific death-causing action that proves Dustin Brown caused his son’s death,” Assistant Attorney General Deb Cashman told Anderson on Thursday. “A reasonable inference can be drawn from testimony that he caused his son’s injuries.”
She also said that Brown’s conflicting statement to police and the baby’s mother proved he was trying to conceal that he caused the baby’s death by jerking or shaking him “violently.”
“For you to conclude from Dustin’s statements that the state has proven the required [state of mind] to convict him would be quite a stretch, your honor,” defense attorney Hunter Tzovarras of Bangor argued Thursday.
Tzovarras, who is representing Brown with Marvin Glazier of Bangor, also told Anderson that there was no evidence that his client ever expressed frustration or anger with the baby prior to his death.
Brown 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.
If convicted, Brown faces up to 30 years in prison and a fine of up to $50,000.