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Mom and boyfriend due in court for death of 1-year-old

INDIANAPOLIS (WISH) – The trial is set to start for a mother and her boyfriend accused in the death of a one-year-old that happened back in October of 2014.

Diamond Miller and her boyfriend Frank Larkins will face a judge Monday morning as their trial begins.

Police say they are responsible for the death of one-year-old Elijah Polk.

Miller is charged with felony neglect. Her boyfriend, Frank Larkins the third is charged with murder and aggravated battery.

Elijah Polk was found dead at his home in the Willow Brook Lake apartment complex on the near northeast side of Indianapolis.

According to court documents, when emergency crews arrived on scene, Elijah had been dead for some time,

Doctors who evaluated him said if he’d been taken to the hospital at the time it happened he could have survived. They also say they found evidence Elijah had been injured before. Court documents indicate the child’s biological father had confronted Larkins and Miller in the past about Larkins “putting his hands on my son.”

Investigators believe Larkins is the one who caused Elijah’s injuries, and that Miller didn’t get him the medical attention he needed. The trial starts around 8:45 Monday morning.

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