TROY - The trial is being put on hold following the death of the mother of one of the two defendants.

Testimony was supposed to resume at 10:30 a.m. Tuesday morning, but Ed McDonough was just then leaving the nursing home where his 81-year-old mother, Marion, had died about two hours earlier.

Her death was not unexpected; according to his attorney, she had Alzheimer’s, but still, the trial, understandably will be affected as the family lays her to rest.

His attorney says McDonough had spent the last 72 hours at his mother's bedside.

“Well, I think that, while everyone is being considerate, I think they also want to get this case to the jury,” said Brian Premo, McDonough’s attorney.

Two hours later Former City Councilman John Brown resumed his testimony, Brown with a plea deal of just six months in jail for forging ballots and then lying about it to the grand jury.

TROY - Police made an arrest in the death of a Troy toddler. Robert Hayden is now behind bars; accused of killing 21-month-old Avery Kahn.

Hayden was arraigned on a charge of manslaughter in the second degree at Troy City Court. When NewsChannel 13 first heard about the case back on Jan. 7 police said they didn’t know how Avery Kahn died, now they say they do know. They say Hayden covered the baby’s face with his hand.

Police say 29-year-old Robert Hayden suffocated Avery Kahn, a 21-month-old toddler. They say Hayden was frustrated because he said the baby would not stop crying.

“Avery Kahn died at the hands of Robert Hayden,” said Captain John Cooney of the Troy Police Department. “Robert Hayden inflicted injury to the child in the form of suffocation which resulted in asphyxiation.”