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Trial set in death of Grygla, Minn., infant

The trial of a Grygla, Minn., father charged with murdering his 4-month-old son is scheduled to start April 18 and last three weeks.

Damien Marsden, 32, is accused of killing his son, Rylin.

According to a criminal complaint, Rylin suffered a fractured skull Aug. 2, 2009. He died Aug. 8 that year after he was taken off life support, the complaint says.

A doctor who specializes in child-abuse cases said Rylin's injuries suggest that "severe rotational or shaking force was applied to his head," the complaint states.

Marsden and the boy's mother told investigators Rylin could have suffered his injuries when he tipped over from a sitting position the morning of the day he was taken to the hospital or when he fell out of bed the evening before.

Marsden's attorney, Peter Wold, sought to exclude from evidence an interview of Marsden that a sheriff's deputy conducted at the hospital in Thief River Falls. Wold argued the interview should be suppressed because Marsden had not been read his Miranda rights.

In an order filed this week, state District Judge Jeffrey Remick concluded that Marsden was not in custody when the deputy interviewed him, and therefore, the interview is admissible as evidence.

The judge's order says the deputy has testified that Marsden did not make any statements during the interview that led him to think Marsden was a suspect in a crime.

Marsden, who is not in custody, is charged with second-degree murder, second-degree murder while committing child neglect and second-degree murder while committing child endangerment. Each count carries a maximum penalty of 40 years in prison.

Being charged with second-degree murder means Marsden is accused of wrongfully causing the death of his son without intending to kill him.