The prosecutor said Berry gave police three different versions of what happened, including one which he said he and the boy were wrestling and play fighting when he picked up the boy by his throat and body slammed him to the couch twice.
Assistant Public Defender Mark McCormick, in his opening statement, said the boy's mother encouraged Berry to roughhouse with her son. McCormick said the boy was injured when Berry threw him on the couch and he hit his head on the floor, adding the boy also hit his head on the coffee table after tripping over the defendant's leg.
“You haven't heard one shred of evidence,” the defense attorney told the panel.
Berry is expected to take the stand.