(CBS/AP) PHILADELPHIA - Orlando Rosado remains in prison Tuesday for allegedly putting heroin and methadone in his infant son's bottle to quiet him, which unintentionally killed the baby two days before his first birthday, prosecutors said.
Rosado, 45, will face a third-degree murder trial after waiving his right to a preliminary hearing Tuesday. He is also charged with involuntary manslaughter, drug delivery causing death, child endangerment and other charges. No trial has been set.
Rosado told authorities both he and baby Christopher fell asleep after an early morning feeding on May 11. Christopher was found around 7 a.m., face-down in vomit in his crib, the prosecutor said. Both Rosado and girlfriend Crystal Miller, the baby's mother, tried to resuscitate the boy, who was found cold and limp. He was pronounced dead at a hospital.
Police said Rosado told them he accidentally put drugs in the bottle. But Assistant District Attorney Lorraine Donnelly plans to argue that although Christopher's death wasn't deliberate, the drug mixture was intentional.
"He admits putting it in the bottle. His version is, 'It must have been accidental because he was high,' " Donnelly said. "My theory is the baby was fussy, and he was trying to put him to sleep."
Miller described Christopher as fussy, and he was at the bottom of the standard weight range for his age, Donnelly said. The couple also has a 5-year-old child who is now in protective custody. Miller is not charged.
Defense lawyer Bruce Wolf called the case an active investigation but declined to elaborate.
Rosado remained in prison after a judge refused to lower his $1 million bail Tuesday. He served a year in prison in a 2006 drug case and has prior arrests for robbery and other crimes in New York, Donnelly said.
Donnelly said Rosado was in a methadone treatment program for addicts trying to kick heroin but duped the program into thinking he was clean. He allegedly used an eye dropper containing someone else's urine for drug tests.
Rosado has said he bought 60 milligrams of heroin and put half in Christopher's bottle, according to Donnelly. Police found a significant amount of heroin in both the baby's blood and in the leftover contents of the bottle, she said.