CHARLOTTE, N.C. -- Jury selection is expected to begin Tuesday in the Mecklenburg County trial of a man accused of beating his 23-month-old son to death.
Andre Hampton, 26, is charged with first degree murder, and prosecutors intend to seek the death penalty in the 2008 killing.
The Medical Examiner says that Elijah Burger died from blunt force trauma, and says that the toddler was beaten so severely that he was bruised from head to toe.
Prosecutors say that they intend to prove murder by torture. That statute has been on the books forever, but is seldom used.
"I've been practicing in Mecklenburg County for 23 years. I'm not saying there hasn't been a case like that, but I haven't seen one," said James Exum, a defense attorney and legal expert.
"The allegations are that you have beaten someone for a period of time and so bad that there is not a single incident that is the cause of death, it's an accumulation."
Prosecutors intend to introduce more than 30 graphic photographs of Elijah's injuries during the trial.