Aisling Brady McCarthy has been in jail for more than a year, charged with killing Rehma Sabir, who was 1 when she died. Her lawyers argued Friday that medical evidence shows the girl was injured while traveling overseas with her family, the Boston Globe reported.
Assistant Middlesex County District Attorney Patrick Fitzgerald said the report by an expert hired by his office is irrelevant because it involves damage to Rehma's vertebrae. Fitzgerald said the prosecution case is that McCarthy hit the girl, causing fatal head injuries.
Superior Court Judge S. Jane Haggerty did not make an immediate decision on the defense request to set bail at $5,000 cash. McCarthy is likely to remain in custody in any case since she also faces charges of being in the United States illegally.
Defense lawyer Melinda Thompson accused prosecutors of withholding evidence and causing delays. The trial is set for April.
"This woman is innocent and is sitting in jail," Thompson said.