Child Death Trial

RUSSELLVILLE, Ala. (AP) - Authorities say a Red Bay man will return to Franklin County in October for a new trial in the killing of his 3-year-old son.

Jodey Wayne Waldrop was convicted in 2007 of killing Jodey Jo "Chance" Waldrop in 2005.

Waldrop has been on death row at Holman Prison in Atmore since being convicted of capital murder. He was sentenced to death, but the conviction was overturned by the Alabama Court of Criminal Appeals.

Prosecutors contend he shook the child so violently that it caused brain damage that led to the boy's death. Waldrop testified he dropped his son while lighting a cigarette.

Appeals court justices said Franklin Circuit Court Judge Terry Dempsey should have instructed jurors not to consider testimony about Waldrop having been convicted of assault in Mississippi.