Benjamin Gomez, 27, is accused of abusing the girl so severely that she died two days later from brain swelling and a fractured skull. The incident happened in December 2008 while Gomez was watching 17-month-old Madison Garcia at the couple's apartment in East-Central Fresno.
During opening arguments, the defense insisted the toddler's injuries were caused by two falls from her crib within a 10 day period. The prosecution disagreed saying the injures are inconsistent with the baby falling out of a crib.
During the first day of trial, Madison's mother took the stand. She told juror's Gomez had never been violent with her two children and admitted her daughter had fallen several times in the weeks leading up to her death.