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Updated Feb. 9, 2007, 12:01 p.m. ET
Murder trial set to start for parents accused of beating their 8-year-old son to death


MARIETTA, Ga. — After examining the bruises that covered his body and the swelling in his brain, Cobb County medical examiners concluded that 8-year-old Josef Smith died as a result of "acute and chronic" abuse.

Prosecutors allege the abuse came at the hands of the boy's parents, Joseph and Sonya Smith, and charged the couple with felony murder, aggravated assault and cruelty to children.

The couple's trial is expected to start with opening statements on Tuesday afternoon before Cobb County Superior Court Judge Jim Bodiford.

The couple told police that their son was rough-housing and died accidentally after hitting his head on a banister on Oct. 8, 2003.

Although they admit they disciplined their son by striking him with a glue stick, they claim the punishment never rose to the level of abuse.

They said their parenting practices are partly derived from their membership in the Remnant Fellowship Church, a Nashville, Tenn., based group that encourages parents to physically discipline their children and maintain strict dietary control.

Defense attorney Manubir "Manny" Arora said he doesn't see the couple's membership in the Remnant Fellowship as playing a significant role in their case.

"The question is whether the jury will tune out our case after looking at the autopsy photos over and over again," Arora said. "If the jury listens to our experts, it will see the reasonable doubt."

He said three experts — two neuropathologists and a dermapathologist — will testify for the defense and show that "the injury to the head is not severe enough to have caused the death."

"If my clients should be facing any charges at all based on the evidence, they should only be facing charges of cruelty to children," Arora said. "This is not a murder case, and there is no scientific basis for that charge."

To support the couple's claim that their son died from rough-housing, Arora said he will show jurors a video of the boy playing roughly at summer camp two months before he died.

Prosecutor Eleanor Dixon declined to comment on the case.

Several months before Josef Smith's death, the Division of Family and Children Services allegedly received two reports from child-welfare workers regarding the boy's "strange behavior."

The agency, however, declined to begin a formal investigation, despite written reports that Josef was acting as if he were possessed by demons and said he was planning to kill people.

Police say the defendants often locked the boy in a closet and forced him to pray to a picture of Jesus. Defense attorney Arora denies those allegations.

Joseph Smith, a day laborer, and Sonya Smith, an office worker, are both free on $90,000 bail.

The couple's two other sons are currently living under the custody of the state.

The trial is expected to last two weeks and will be shown live on Court TV Extra.



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