By Tony Hanson

PHILADELPHIA (CBS) - A 45-year-old Philadelphia man waived his preliminary hearing this week on charges he killed his son by giving him drugs, but the defense sought lower bail.

Orlando Rosado’s bail is set at $1 million. His attorney sought lower bail. But prosecutor Lorraine Donnelly argued against it saying the little victim, just two days shy of his first birthday was given a lethal dose of drugs, including heroin in his bottle. Donnelly says Rosado made statements to police.

“A couple of self-serving statements and then he confessed that not only is he on methadone treatments, but he is still a heroin user and he said he may have put those items in the baby’s bottle by accident. However the tox results showed clearly it was inside the baby’s bottle,” Donnelly says.

And after Donnelly also cited Rosado’s previous convictions for drug dealing, robbery and other offenses, the judge ordered bail to remain at $1 million.

The defense attorney says Rosado will plead not guilty, but he declined further comment.