The injuries that led to the death of 18-month-old Kali Gresser came hours or even days before Timothy Gresser set into motion a series of events that would lead him to be wrongly charged with murder, a defense attorney said Monday, April 18.

Attorney John Johnson Jr., said at the start of a three-day jury trial in Wayne County Common Pleas Court that Gresser, 22, 7934 Five Points Rd., Smithville, faces murder and related charges because he lied to cover up for his wife, Katie.

Timothy Gresser is charged with murder, felonious assault, involuntary manslaughter and two counts of endangering children.

In his opening statements to the jury, Johnson said Timothy Gresser changed his story at least six times, crafting new responses to evidence as the matters came up.

“The reason Timothy told all these stories, the reason he lied and lied and lied (was) to protect someone,” Johnson said. “He lied to police to protect his wife, Katie Gresser.”

Johnson suggested that Katie had a manipulative hold on Timothy since they started dating, that her influence had him “as if under a spell.” She was the reason Gresser quit school and his job and became “isolated” from his family, Johnson said.

And she is the one responsible for their daughter’s death, Johnson said.

“Someone did something horrible to (Kali),” Johnson said. “That someone is not Timothy Gresser.”

Prosecutors Paul Scarsella and Mindy Kowalski put the time of the fatal assault Sept. 28, 2010 much later, shortly before Timothy Gresser called 911 at 3:27 p.m., when he and Kali were alone at their farmhouse on Five Points Road. Katie Gresser left for work at 8:30 a.m. that day.

Katie Gresser will testify for the prosecution, Kowalski said. Katie has not been implicated in any wrong-doing in the matter.

The charges against Timothy Gresser stem from Sept. 28, when he called 911 to report Kali had fallen from her crib and was having trouble breathing. He spoke with dispatcher Melissa Terrell, who testified Monday that Gresser seemed detached from the situation.

“He was, it was kind of (like) there was no emotion in it,” Terrell said. “It wasn’t as frantic. They’re usually screaming on the phone at us if it’s their child.”

On a recording of the 911 call, Gresser tells Terrell that Kali has fallen after trying to climb out of her crib, a height of three or four feet.

Terrell testified that she talked Gresser through CPR, but it seemed like he wasn’t following her directions.

Smithville Fire and EMS emergency medical technician Connie Crawford also testified that Gresser seemed “unemotional, detached” when she and other EMS personnel arrived on scene. Crawford said she did not see any bruising, and noticed Kali had a split lip.

Kali was transported to Dunlap Community Hospital by a Smithville squad. She was then taken to Akron Children’s Hospital, where she died Sept. 30, 2010,

Kali was examined by Akron Children’s Dr. R. Daryl Steiner Sept. 29, 2010, who found inconsistencies in Kali’s injuries with Timothy Gresser’s version of events. Steiner testified that Kali had injuries that indicated two violent events that caused massive head trauma and a broken leg.

“This did not occur as a single event,” Steiner said. “She would have to have multiple impacts. You have an impact to the head, an impact to the knee.”

Steiner said Kali’s injuries suggested a powerful blow to the head above the right eye. Bleeding and swelling in the brain and hemorrhages in Kali’s eyes suggested she was shaken violently, Steiner said.

The case is expected to continue through Wednesday. Johnson declined comment as to whether Timothy Gresser will testify in his own defense.

Scarsella and Kowalski were appointed to the case by the Ohio Attorney General’s office to avoid a conflict of interest with Wayne County Prosecuting Attorney Dan Lutz. Prior to his appointment in January as prosecutor, Gresser had retained Lutz as legal council in the murder case.