VALPARAISO | A Portage man sentenced to seven years in prison for severely beating his infant son struck out a third time Wednesday in his attempt to win early release.

Senior Judge Thomas Webber, who was sitting in for Porter County Circuit Court Judge Mary Harper, said Brandon Collins' sentence could not be changed without the support of prosecutors.

Deputy Prosecutor Trista Hudson told the court her office does not back the requested reduction.

She later explained any modification request submitted more than a year after sentencing needs her office's approval.

As Webber read over the most recent request, he said it didn't appear that Collins raised any new issues. The 26-year-old again sought to be transferred from prison to home detention, he said.

Collins did not appear in court to take part in Wednesday's hearing, which was labeled as a status hearing.

Collins, who was sentenced in September 2006, is scheduled to be released from the Westville Correctional Facility on Sept. 5, 2009, according to the Indiana Department of Correction.

He and other inmates are eligible to cut their sentences in half or more with good behavior and participation in various prison programs.

Collins is serving time for squeezing and shaking his 3-month-old son at his home Oct. 20, 2005, because he said the child would not stop crying or bond with him. Collins did not seek medical help for his son and left the boy with a damaged liver and several bruises on his face and chest.