A Nov. 26 trial date has been set in the second-degree unintentional murder case focused on the death of a 4-month-old boy in Rochester.
Michael Roy Smith, 27, of Rochester, has pleaded not guilty. According to the complaint, Smith allegedly shook Aiden Hoyer on Feb. 7, 2011, threw the infant down and placed a pillow over the boy's face to try to get him to stop crying.
In February, Judge Joseph Chase ruled that a police interrogation video will not be allowed as evidence during trial because Smith made an unequivocal demand for an attorney during questioning.
A Nov. 13 pretrial hearing has been scheduled in Olmsted County District Court.
