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Matthew Potter charged in the death of 18-month-old Tanner Jurisch

Defense seeks to ban 'shaken baby' term

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Attorneys for the Rapid City man charged in the January death of an 18-month-old boy want the term "shaken baby syndrome" banned from use in his trial.

Matthew Potter, 20, is charged with one count of second-degree murder, two alternate counts of first-degree manslaughter and one count of aggravated child abuse.

Second-degree murder carries a mandatory sentence of life in prison upon conviction. First-degree manslaughter is punishable by a maximum sentence of life in prison. The child-abuse charge carries a maximum of 15 years.

Potter was arrested Jan. 17 when police responded to a home in Rapid City and found 18-month-old Tanner Jurisch unconscious. The toddler died the next day. Potter was baby-sitting him and two other children when the boy was found.

Kevin Krull, chief deputy state's attorney for Pennington County, objected to that request, saying that based on medical records and autopsy reports, there is no way the term "shaken baby syndrome" can be left out of the trial.

Seventh Circuit Judge Merton B. Tice has yet to make a ruling on whether or not the terminology may be used.

Potter remains in custody at Pennington County Jail. His next hearing will be Oct. 31.

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