Rags,
Agree with the "presumption of innocence" philosophy. But have to differ on the "it is possible the kid may have fell from a table or something" part. When a child is shaken in anger and frustration, the force is multiplied 5 or 10 times more than it would be if the child had simply tripped and fallen. That force is repeated many times in succession while the child is being shaken. To a trained medical professional, the difference between the two injuries are quite remarkable and distinguishable. Vigorously shaking a child repeatedly pitches the brain in different directions. Those sudden motions can cause some parts of the brain to pull away, tearing brain cells and blood vessels in the process. This tearing doesn't occur in a fall. A fall would result in only a pitch in a single direction, with external signs of impact.
If there were signs of a single impact to the head and blunt force trauma findings consistent with a fall, things might be different. At least charges more in line with negligence, or no charges at all. My "guess" (disclaimer) is that pathology showed significant non-localized tearing of brain cells and blood vessels, along with bruising on the childs arms consistent with being gripped very tightly. This is more likely why he was charged with second degree murder.
Either way, we should pray for Joey's redemption. Not his punishment.