Defense asks, "Is Brandon Hayes competent for trial?"

Brandon Hayes at his pre-trial hearing

The 24-year old accused of torturing and killing his girlfriend Corrine Baker TMs 4-year-old son Dominick Calhoun faced a judge Tuesday for a pre-trial hearing. Police say Brandon Hayes attacked the child after the toddler wet himself on the sofa.

My baby is gone, Baker said as she spoke of the terror she survived. And I wish it was me.

Baker says Hayes beat her when she tried to take her son to the hospital. She says she suffered bruises, broken ribs, and cigarette burns.

She sat in the back row of the courtroom shaking as she watched him walk before the judge shackled.

My whole body was trembling, she said. It was hard.

It is the first time Baker has seen Hayes in person since he was arrested at their Argentine Township apartment Sunday, April 11, 2010. The next day doctors pronounced Dominick dead.

Hayes TM defense attorney James Piazza submitted a petition to the judge requesting that his client be examined for competency.

He has a history of mental problems and we need an evaluation to see if he's competent to stand in the proceedings, said Piazza.

67th District Court Judge John Conover said that seemed appropriate. He promised to read the petition and hear arguments next Tuesday.

I hope this guy does not get off, says Baker. I want him gone, and I want him gone forever.

She says she will fight not only for justice for Dominick, but for custody of her older son, 8-year-old Tyler. He somehow survived at the home without injury, while police say his brother suffered through days of torture.

Tyler has been in protective custody since police found his brother TMs battered body. That night investigators arrested both Brandon Hayes and Corrine Baker. Baker later was released.

Genesee County Prosecutor David Leyton says the investigation is ongoing, and it is still possible Baker could face charges in connection with the death of Dominick.

Brandon Hayes is scheduled to appear in court next Tuesday, April 27, 2010 for a preliminary exam at 9:00 a.m..