For that he was charged with theft -- but was not charged criminally for the subsequent trespass that took him to her sleeping quarters, because at the time it was considered a civil violation.

CNN: STORY HIGHLIGHTS

She said Hathaway was downstairs alone at the time of the assault while his wife was upstairs sleeping.

BBC: Simon Hathaway jailed for killing his baby son Jordan

She said Mr Hathaway was downstairs alone at the time of the assault while his wife was upstairs sleeping.

BBC: Baby Jordan Hathaway died 'after father shook him'

The new ones (bottles) came at a time when his position was that he was sleeping in the living room next to his mother, or something like that.

BBC: Mitchell's urine habit 'relevant'