Great Falls, MT - A federal judge has denied a motion to dismiss a second-degree murder charge filed against a Box Elder woman in the October death of her boyfriend's 11-month-old son.
Attorneys representing Cecilia Gardipee sought dismissal of the murder and an assault charge filed after the boy's death, saying prosecutors failed to promptly disclose an autopsy report detailing the boy's fatal injuries.
District Judge Brian Morris heard arguments on March 13. The Great Falls Tribune reports Morris said he wasn't persuaded that Gardipee's right to a fair and speedy trial had been violated.
However, the judge did chastise assistant U.S. Attorney Danna Jackson, saying the autopsy report should have been disclosed earlier.
Garrett "Kirby" LaFromboise has pleaded guilty to assault in his son's death.
Gardipee's trial is set for April 29.