An emergency motion hearing is set for a suspect in the murder of 10-year-old Victoria Martens.
Jessica Kelley is expected to go before a judge Tuesday morning as a part of a motion for the court to reconsider her plea deal that would allow her to testify against the other defendants in the case including her cousin, Fabian Gonzales.
Earlier this month,
District Court Judge Charles Brown rejected the deal saying prosecutors didn't effectively make their case after asking Kelley about the night of the murder.
According to Kelley, she let an unknown man inside the apartment who was looking for her cousin Fabian Gonzales. She says that man then killed Victoria as gang retaliation against Gonzales.
Judge Brown said that wasn't enough for the charge of child abuse resulting in death because Kelley did not know what was going to happen.
"There's no indication she knew or should have known the person intended to commit intentional murder," said Judge Brown.
The District Attorney's Office says Kelley's admission of guilt should be enough and that without the plea agreement their ability to prosecute Gonzales is limited.
His trial is set to begin in October. Kelley's trial is slated for January.