o'callaghan had told police the boy had slipped in the bathtub of the home while o'callaghan's wife was out of town and o'callaghan who was the division chief for the nsa and a decorated marine was charged with first-degree murder with child abuse and was ordered held without bond. his attorney had maintained it was a tragic accident. o'callaghan and his wife had a 7-year-old son who was at home at the time, but was in another part of the home when the 3-year-old maddock was injured. >> reporter: o'callaghan's defense attorney asked the judge to delay handing down a sentence until next year so that he could bring in mental health witnesses who would testify to o'callaghan's history of mental illness. i spoke to that attorney on the way out of the courthouse and he would not say if that mental illness had anything to do with his time in the military. coming up at 6:00, there were members from the korean adoption community here today and you'll hear from them about why they're so upset at this most recent revelation. jim, back to you. >> such a disturbing story. mark segraves, thank you.

the boy had slipped in the bathtub while o'callaghan's wife was out of town. o'callaghan who was a division chief for the nsa and a decorated marine veteran was charged with first-degree murder and held without bond. his attorney had said that this was a tragic accident. the prosecutors today presented pictures of the boy's injuries to the judge that were so graphic they were not shown in open court. >> we look forward to a stiff sentence in this matter. we believe the photos that were shown in court show cat strafk a catastrophic and unfathomable injuries. these bruises and injuries that were seen in the photographs in court really show a level of abuse that's hard to characterize except for shocking. >> reporter: now prosecutors did agree to drop the first-degree murder charge that had him facing life in prison, but with this charge he is still facing 40 years behind bars. he'll be sentenced next year in april. coming up at 5:00, you'll hear about the evidence that prosecutors did admit today that defense attorneys objected to. chris, back to you. >> thanks

o'callaghan pled guilty to one count of child abuse leading to the death of a minor. >> brian o'callaghan told the judge he was taking medication for a serious mental illness. >> his attorney asked the judge to postpone his sentencing until he could get mental health experts who would testify to o'callaghan's history of mental illness. the judge agreed. >> the judge will consider all aspects and mental illness is certainly a component of that. >> ana lee amrus who is part of a group of korean adoptees. she wore the shirt bearing the victim's korean name. news that o'callaghan has a history of mental illness shocked and angered her. >> using that now as some kind of a defense for him to lighten his sentence, that is very disturbing. she questioned whether the couple should have been allowed to adopt the child in the first place. >> i feel like that was really kept hidden, the adoption screen should have home screened and the adoptive parents failed on that score. >> despite his mental health issues and prosecutors say they will still likely ask for the maximum sentence of 40 years in priso