TAMPA, Fla. (970 WFLA) - Day two in the penalty phase in the Richard McTear trial.

He's the Tampa man convicted last week of killing his ex girlfriends baby by throwing him out a car window.  

McTear's mother tearfully testified this morning about his rough childhood around drugs and domestic violence. Prior to testimony, the defense called for a mistrial after several jurors saw a few of McTear's family members in the parking garage and told the court about their experience.  

The judge denied the mistrial and decided to proceed, but is taking the incident under consideration.