Municipal Court Judge Patrick Dugan refused a motion by Andrea Kelly's lawyer to dismiss the most serious charge, which carries a penalty of death or life in prison, The Philadelphia Inquirer reported. Jurors would still have the option of convicting Kelly of a lesser charge, including third-degree murder or manslaughter.

Danieal Kelly, who had cerebral palsy, starved to death in 2006 at age 14.

"Frankly, she died looking like she died in Auschwitz -- yes, a concentration camp, here in Philadelphia," Dugan said Friday. "No one stepped up for Danieal Kelly."

A total of nine people face criminal charges. Only one, other than Andrea Kelly, faces a homicide charge.

Dugan ruled that Julius Juma Murray, who worked for a private social services agency and was supposed to be monitoring Danieal's welfare, can be held for trial on an involuntary manslaughter charge.