Topeka ? Kansas Supreme Court justices Wednesday vigorously questioned attorneys on both sides of an appeal by Jay Decker, who was convicted of murder in the 2005 death of his 5-month-old daughter in a Lawrence apartment.

Decker was sentenced to life in prison by Douglas County District Judge Paula Martin for the death of Risha Lafferty, who had suffered a fractured skull and numerous bruises. Decker contended Risha’s injuries were due to accidents or caused by someone else.

Decker’s appellate attorney, Kari Nelson, argued that Decker didn’t receive a fair trial because photographs of the child should not have been shown to the jury, a prosecutor inappropriately said in closing statements that Decker could not be presumed innocent, and testimony about a previous incident involving Decker and another daughter was not relevant to the case.

The Supreme Court took the matter under advisement and did not indicate when it rule.

Nelson said Decker was “a bad guy” and the jury wanted to blame someone for Risha’s death, but the evidence didn’t support a conviction against him.

Douglas County Assistant District Attorney Mark Simpson, disagreed, saying scientific evidence showed the child suffered a fatal injury while under Decker’s care.

On the issue of photographs, Nelson said photos of Risha should not have been allowed in the trial because district coroner Dr. Erik Mitchell had already provided “graphic” testimony about the child’s injuries. The photographs, Nelson said, “repulsed the jury.”

But Simpson said the photographs were necessary to show that Risha suffered abuse. “A child with 35 different bruise patterns has been abused,” he said.

Several justices said the prosecution is entitled to use photographs since it has to prove guilt beyond a reasonable doubt.

“You’re saying the doctor could only talk about it, he can’t show it?” asked Chief Justice Kay McFarland.

On the issue of prosecution statements during closing arguments in the trial, several justices said the prosecution made a mistake in telling the jury that Decker could no longer be presumed innocent. The prosecutor who made the comment during trial was Amy McGowan, who is now co-chief Assistant District Attorney.

“It’s a misstatement of the law, is it not?” said Justice Lee Johnson, who said jury members are to presume a defendant innocent as they start deliberations.

Simpson conceded that the prosecution made a mistake, but added, “It was not so gross and flagrant that it would affect the outcome of the trial.”

Nelson also argued that testimony should not have been allowed about an incident several years earlier when Decker threatened the life of his other daughter.

Nelson said the incident arose out of a drunken fight with his wife, Brandi Hendrickson, and Decker did not follow through on his threat. Nelson said the incident was dissimilar to the accusations against him in Risha’s death.

But Simpson said they were similar enough to be brought up during trial as a way for the prosecution to try to refute Decker’s contention that Risha’s injuries were caused by accidents.

The earliest that the state Supreme Court would release an opinion in this case is Dec. 5.