MORGAN COUNTY, AL (WAFF) - A Lacy's Spring man accused of killing his 4-month-old daughter wants a judge to throw out his confession.
Gary Wilbourn is accused of hitting and shaking his baby at his home in Lacy's Spring in December 2008. The child later died at the hospital.
At Monday's hearing, his defense team argued that Wilbourn has mental health issues and had not had his medication the day of his confession. His attorneys also said he has difficulty reading and didn't understand what he was doing when he signed away his rights before giving his confession.
Prosecutors countered that claim by showing a video of the confession. Wilbourn can be seen crying and admitting to shaking his baby before she died. He said that his wife went to work and his two children wouldn't stop crying. He can be heard in the video repeatedly saying, "I just lost it."
Wilbourn agreed to a polygraph early in the investigation. After he confessed, police asked him why he would take the polygraph if he knew he was guilty. He said because he wanted the truth to come out but just couldn't find the words to tell it himself.
A judge has yet to make a decision on whether he will allow the confession to be presented as evidence. Wilbourn's trial is set to start in February 2014.