A state court judge has dismissed a second-degree murder charge against a Juneau man accused of causing the death of his infant daughter in 2010.
The Juneau Empire reports Judge Philip Pallenberg found a reasonable juror could not conclude David J. Paul's conduct was "substantially certain" to cause the girl's death.
The defense sought an acquittal after the prosecution rested its case Wednesday. Prosecutors say Paul admitted to shaking Rian Jambi Orr after accidentally dropping her. Orr died a week later.
Paul's attorney said none of the state's witnesses testified that Paul's statement to police was consistent with the girl's injury and death.
Paul still faces one count of second-degree murder on the theory his conduct constituted an "extreme indifference" to human life. He also faces a manslaughter charge.
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Judge Dismisses 1 Count in Juneau Child Death Case
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