Hoss Wayne Benham

Hoss Wayne Benham is seen in this 2014 photo provided by his family.

The capital murder trial of a man accused in the death of a 1-year-old boy in 2014 has been continued to an unspecified date in Cullman County Circuit Court.

Jeffrey Hugh Brown's trial was slated for the August docket, but his attorney requested the continuance.

Brown, along with Crystal Ballenger, the mother of the victim, Hoss Wayne Benham, who was 1 at the time of his death.

Brown and Ballenger initially told hospital officials the child accidentally drowned in a bathtub in the residence they shared at Monk’s Trailer Park on U.S. 31 North, according to the Cullman County Sheriff's Office. Both Brown and Ballenger were later indicted on capital murder charges in 2015.

Ballenger and Brown also tested positive for methamphetamine and other drugs after Benham's death.

Cullman County District Attorney Wilson Blaylock sought the death penalty after releasing the autopsy report, which showed Benham suffered 89 injuries, 38 injuries to the head and neck from blunt-force trauma; four injuries each to the left and right eyes; 19 to the legs and arms; six to the torso; seven to the genitalia and anus; seven burns to the right foot and four burns to the left foot.

The child died on his first birthday.

"The defense asked for the continuance," Blaylock said. "At this point it will not be back on the docket until after September."

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