A Norwalk man accused of shaking a 10-month-old boy to death will face charges of murder, involuntary manslaughter and child endangerment six months later that originally planned.
Resor's defense attorney said he needs more time to review medical evidence. The trial was set for Dec. 3.
Jeffrey A. Resor, 26, of 3 Jonathon Lane Drive, is accused of killing Donavan Lykins Feb. 24 while baby-sitting for his then-girlfriend. The baby died at Akron Children's Hospital of injuries believed to be associated with shaken baby syndrome.
Retired Lorain County Common Pleas Judge Ronald Bowman denied defense attorney K. Ronald Bailey's motion that would prohibit the baby from being referred to as a victim. Bailey called the term prejudicial.
"One man's prejudicial term is another man's eloquence," Huron County Prosecutor Russell Leffler said in response. "I think the jury will see through that."
Leffler said he doesn't see how the term "victim" can have a profound influence on the jury. He expects Bailey's defense to say Donavan died from an unspecified illness, not by Resor's actions.
"It's unnatural not to refer to the child as a victim. ... It's nothing the jury can't handle," the prosecutor said.
Bowman will allow Bailey to address controversial terminology in sidebars if the language "gets out of hand" during the trial.
The judge also ruled that Resor could not be photographed if he takes the stand, but could be photographed or videotaped during other parts of the proceedings. Bowman also prohibited photographers from taking pictures of Resor, who will be allowed to wear a hat to court, from behind because of a large tattoo on the back of his head.
Leffler expects the trial to last two weeks. Resor has been in custody at the Huron County Jail since April 12 on a $1 million bond.