In his closing statements, Hafley told the jury that his client, who testified in his defense, has consistently provided the same account — that the boy apparently fell from a bench in the kitchen while the foster father had turned away to put dishes in the sink.
Hunter, who struck his head in the fall, jumped up and said "Me OK," before collapsing and suffering seizures, Hafley said. He was airlifted to Norton Children's Hospital where he died two days later.
Embry-Martin, Hafley told jurors, had no reason to injure the child and, in fact, had a history as a loving caregiver through his work as a pediatric nurse.
"Why would this patient and gentle man commit this terrible act?" Hafley asked the jury. "How could anyone think he intentionally killed this child?"
Hafley said his client and his husband, Travis Embry-Martin, a member of the Army who works at Fort Knox, became foster parents because they loved children and wanted to bring them into their Hardin County home.