Pocono News Section

Bench Trial for Man Who Killed 3-Month-Old

Bench Trial for Man Who Killed 3-Month-Old - Monday, May 4, 2009 at 5:25PM EST

WILKES-BARRE, LUZERNE COUNTY- A West Hazleton man is on trial before a judge to find out the penalty he should face for the shaking death of a three-month-old boy.
Alan Leitzel pleaded guilty last week to killing three-month-old Xavier Simmons. Now, a judge must determine whether or not he's guilty of first degree murder, third degree murder, voluntary manslaughter or involuntary manslaughter.

Prosecutors say they want a first degree murder conviction. They say Leitzel hated the baby and shook him violently for five seconds back in January of 2008. Defense lawyers say Leitzel did not intentionally try to hurt the baby.

In opening statements, prosecutors say Leitzel had hatred towards Xavier Simmons. Assistant District Attorney Dave Pedri said Leitzel "didn't want this child" and maintained he had a "lack of respect for human life."

Pedri said Leitzel hated Xavier, who was half black, often called the baby racist names.

In their opening statements, defense lawyers said Leitzel had no intention to hurt the baby. Public defender Jonathan Blum told the judge "he may be a bigot" and "he may be a racist." Blum went on to say "if you intended to kill someone why are you crying for help."

Three witnesses took the stand during the first day of the bench trial.

Amy Vendura was a friend of Leitzel's. He testified he heard Leitzel call the baby racist names. Also on the stand was Richard Saieva. He said Leitzel was irritated at Xavier the night the baby was injured because he wouldn't stop fussing.

Testimony in the bench trial is expected to continue at 10:00 AM on Tuesday. The trial could take at least three days.