HONOLULU -- The defense attorney for a man accused of killing a toddler by throwing him from a freeway overpass agreed that his client is fit for trial on Wednesday.

Higa is accused of throwing Cyrus Belt from a pedestrian bridge over the H-1 Freeway in January 2008. Belt was just shy of 2 years old at the time of his death.

"He appeared confused at some times, but I think he is very lucid and understanding what's going on right now," Matthew Higa's defense attorney, Randy Oyama said.

It was not clear if the improvement is due to treatment for mental illness or simply the lack of drugs in prison. Either way, Higa told the judge he is fit to face a trial and apparently wants the public to hear his defense.

"He wants his day in court," Oyama said.

Trial was set for Jan. 25. Judge Dexter Del Rosario approved Higa's request for a non-jury trial.

"I understand a lot of people think that my client's conduct was reprehensible and I understand where they are thinking. So, I don't know if he could get a fair trial given all the publicity out there," Oyama said.

"That happens with some regularity in insanity and mental defenses or emotional disturbance defenses and the office had pretty much determined that was likely to happen in this case," Honolulu Prosecutor Peter Carlisle said.

A key question is whether Higa's mental instability was caused by drugs, which would nullify an insanity defense. Higa may have other defenses his attorney is not ready to reveal.

Higa has been in custody without bail while he was awaiting trial.