By Abbey Niezgoda
The trial of an accused killer was supposed to start Monday, but after a judge threw out most of the evidence against him, he is asking to be let go.
Michael Patino is charged with killing his girlfriend's 6-year-old son, Marco Nieves.
"Justice, that's all I want, justice for the child," Arlene Oliver, the child's grandmother said. "He just turned 6 and that guy needs to be put away."
Inside the courtroom, the discussion was about bail, rather than the trial. The judge ruled that all of the text messages, used to make the case against Patino, were obtained illegally.
The state is appealing that decision. In the meantime, Patino wants to be let out.
"Anyone charged with a crime is presumed to be innocent," Defense attorney David Cooper said.
Court documents show that in those text messages Patino said he punched the child three times.
"Punch is subject to a lot of interpretations. If I tapped you on the shoulder, that's a punch. If I hit you in the stomach that's a punch," Cooper said. "It doesn't say how hard the child was struck."
The motion for bail is set to be taken up Wednesday. As for the state's appeal, that could take several months.