Jamaal Brown, the man accused of killing a 13-month old child, had a motion to continue his trial granted Monday. The trial has been re-scheduled for Sept. 13.

Brown waived his right to a speedy trial in his request to continue the case. The motion to continue, filed May 4, said the defense had been unable to obtain the services of an expert witness in the field of forensic pathology until recently.

In the motion to continue, the defense said the state has acknowledged it will not seek the death penalty, however, the alternative minimum sentence for a conviction is life without possibility of parole.

Brown was indicted Sept. 3, 2014, of capital murder of 13-month-old Preston Reynolds, also known as Preston Jude Heath, on Jan. 23, 2014. The indictment alleges that the child was struck on the head or another form of abuse that would cause serious bodily harm, resulting in his death. An autopsy report showed Reynolds had a fractured skull and contusions to the face.

Brown entered a plea of not guilty at his capital murder bond hearing on Sept. 11, 2014, and bail was set at $100,000.

Brown’s attorney said Brown was the one who brought the child to the hospital after the injury in January and stayed with him there until the 13-month-old died. He added that Brown gave a detailed report to the police department and brought officers to the home where an incident occurred.

Brown is a registered nurse, having received his degree from Southwest Mississippi Community College.