The re-trial of a man convicted of murder four years ago continues.

Jeffery Allen was accused of murdering his two year old foster child back in 2003 in Letcher County.

He was convicted in 2006 but the verdict was overturned.

Dakota Yonts died the night of March 27th, 2003.

Medical Examiners ruled he was beaten and strangled to death.

Jeff Allen was convicted but a re-trial was ordered last year and since then he has been a free man.

Wednesday was the third day of the re-trial and the prosecution presented several witnesses recounting the night Dakota died.

Jeff Allen was back in court Wed. In the same seat he sat in, in 2006.

The prosecution invited several witnesses in to recall the events.

Mike Amburgey was the Sand Lick Fire Department where he says Allen brought Yontz.

“He didn’t have a pulse he wasn't breathing and he had a bruise under one eye,” Amburgey said.

Yontz was rushed to the hospital.

Nurses say Yontz was pronounced dead, but witnesses say they also discovered several bruises on his body.

Dr. Christin Rolf, from the state medical examiner’s office, says blunt force lead to the child’s death.

The impact was death enough causing a tear.

In total 11 witnesses testified on Wednesday.