Jury selection is to begin Wednesday in the felony murder trial of Roderick Fountain, 37, accused of beating to death his 3-year-old son Kendrick more than five years ago.
Houston prosecutors are expected to argue Fountain had beaten the toddler in the days before the child was last seen April 7, 2006, then beat him to death and hid the body, the Houston Chronicle reported Monday.
Prosecutors say although they have crucial testimony they will present, they don't have a body.
"We believe he's dead," Assistant District Attorney Connie Spence said. "But we do not have a body, and we do not anticipate having a body by the time this goes to trial."
When the boy vanished, police searched Fountain's home where they found a 12-gauge shotgun. Having been convicted of previous robberies, Fountain was prohibited from owning weapons.
He was arrested and sent to prison where allegedly he implicated himself in his son's killing, the newspaper said
Fountain was indicted in 2009.
Defense attorney Charles Brown had no comment as the trial date approaches, the Chronicle said.