Man Says Baby Slipped Out of His Lap; Now He's In Prison Convicted Of Child Abuse

04/27/2015 01:39 pm ET | Updated Jul 28, 2015

Brenda says her spouse of seven years, Josh, is a loving husband and father, so devoted to being a great parent, he signed up for Daddy bootcamp before their daughter, Naomi, was born. “Family is everything to him,” Brenda says.

But Brenda and Josh say for the past year, they have been fighting to reunite their family, after they say Josh was unfairly convicted of second-degree child abuse. They say that in March 2014, Josh was burping the couple’s 11-week-old daughter, Naomi, when she fell off Josh’s lap in what he says was an accident. So how did he end up in prison?

“In these cases, unfortunately with child abuse, you’re guilty until proven innocent,” Josh tells Dr. Phil in the video above. “There were key things in this trial that the jury wasn’t allowed to see. I passed two polygraph tests.”

Dr. Phil reviews the questions Josh was asked on his polygraph tests and his answers. “The results of both tests did not indicate deception,” Dr. Phil says. “Those are not admissible in court, so those are not part of the court record, and that’s what you’re saying — they didn’t get to hear that.”

“Correct,” Josh says. “Also, we had six expert doctors who weighed in on our case, and none of them thought that this was abuse.”

“Why are you in jail?” Dr. Phil asks.

“That’s a good question,” Josh replies. “I love my daughter. She was a wanted child. We planned for her and brought her into this world, and I’ve never abused my daughter.”

This episode of Dr. Phil airs Tuesday. Watch more here.

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