EBENSBURG, Pa.—A western Pennsylvania man charged with fatally shaking his 7-week-old son wants a judge to throw out statements he made after being arrested at the baby's funeral.

Justin Charles' public defenders say their client's statements shouldn't be admissible at trial because he was in a fragile mental and emotional state following his Dec. 29 arrest at a Cambria County funeral home.

The Tribune-Democrat of Johnstown ( http://bit.ly/MkR1ks) reports Charles was arrested and police took custody of the baby's body prior to the procession to the cemetery.

Investigators say Justin Charles fatally shook his son, also named Justin, on Dec. 21. The boy died two days later.

Authorities say the 24-year-old man confessed to the boy's death.

Prosecutors said Friday they expect the statements to be admitted at trial.

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Information from: The Tribune-Democrat, http://www.tribune-democrat.com