The words of a 7-year-old boy who died after being set on fire may come back to haunt the man accused of burning him and his brother.
But the attorney for accused murderer Kaushik Patel is doing everything he can to stop a jury from ever hearing them.
Patel is charged with first-degree murder in a brutal attack on his two sons -- dousing them in gasoline as they sat in a bathtub and setting them ablaze.
"Dad did a fire, and we were burned," Vishv Patel said after awaking from a medically induced coma, his mother testified.
Vishv and his 4-year-old brother, Om, later died from their injuries.
Prosecutors want to use the mother’s retelling of her son’s story against the father. But Patel’s attorneys are trying to stop the testimony -- claiming the story isn’t reliable because the now-dead boy can’t be questioned in court.
Patel claims he poured gasoline on himself in an attempt to commit suicide in the family's home, and the boys unexpectedly came into the bathroom as he was about to do it.