Authorities say Davied Whatley never told officers that his 8-month-old was sitting in a parked car while they arrested him, but his family disputes this.
“It’s easy to judge, much tougher but important to understand how it happens," a memory expert explains.
Juan Rodriguez will return to court later this month to once again find out whether he will face a grand jury.
His patent should be here within the year.
The 35-year-old was found guilty of intentionally leaving his 22-month-old son to die inside a sweltering car.
Temperatures in the area reached above 90 degrees Fahrenheit, with high humidity.