Judge Hollie Gallagher is expected to make her decision this morning on whether or not a convicted baby killer will get a new trial.
21-year-old Demetrius Jones was convicted of killing his girlfriend's one-year-old son Kaleb Gulley.
Jurors found Jones guilty of murder earlier this month, but not guilty of felonious assault. The judge is troubled by the split verdict, and wonders how can you have a murder without an assault.
Little Kaleb was killed in March of 2009 in Mayfield Heights. Police say Jones was babysitting Kaleb and his three-year-old brother when he did something that left little Kaleb with fractured ribs and major internal bleeding.
Investigators say Jones called his girlfriend at work to tell her son had stopped breathing, and she made the call or help.
After arriving at Hillcrest, the little Kaleb was transported by Life Flight to the Cleveland Clinic where he was pronounced died. The child suffered internal bleeding due to two lacerations of the liver, which were caused by blunt force trauma to the abdomen, and the baby suffered fractured ribs.