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Associated Press

GREAT FALLS - A man accused of suffocating his 4-month-old son is asking the state Supreme Court to dismiss the case against him, after a District Court judge refused the request.

Cascade County Chief Public Defender Eric Olson asked the Supreme Court to take supervisory control of the deliberate homicide case against his client, Shawn Allen Clough, 32.

Olson said no crime was committed because the baby died of SIDS. He said prosecutors have failed to prove that the baby died because of Clough. Olson said the cause of death, which was ruled accidental asphyxiation, is consistent with a SIDS diagnosis.

The boy was found dead March 17, 2000. Shawn Clough was arrested in April.

Olson, in his filing to the Supreme Court, said prosecutors did not provide enough evidence to show a crime had been committed. He also argued that District Court judge Julie Macek, who rejected Olson's dismissal request, should have heard and considered testimony of a medical expert who would have said the baby died of SIDS.

Clough's Oct. 20 trial date has been vacated, and further proceedings are on hold pending Supreme Court action. He faces up to life in prison if convicted.

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