AN Irish nanny accused of murdering a toddler in Boston is due back in court later for a pre-trial hearing where defence and prosecution lawyers are set to probe each other for further evidence and information in connection with the case.
Aisling McCarthy Brady has pleaded not guilty to the murder of baby Rehma Sabir who died in January.
Last month lawyers for the Cavan nanny asked a Massachusetts Judge to dismiss the case against her maintaining its so weak that it does not meet the low legal threshold of probable cause.
It's the defences claim that "90 percent of the evidence was admissible" and prosecutors acted unethically in the way they presented evidence to the grand jury to secure an indictment.
As well as hearing discovery requests later, Judge S Jane Haggerty could also rule on the motion to dismiss put forward by Ms McCarthy Brady's defence at the beginning of September.
One year old baby Sabir was rushed to hospital unresponsive on January 14th and died two days later.
A postmortem revealed that the toddler had suffered brutal injuries including blunt force trauma to the head and had bruising on the buttocks.
Prosecutors claim that the Irish nanny was the only person with the access to the little girl at the time she suffered the injuries.
Lawyers for the 35 year old say Rehma was malnourished after travelling extensively with her family including trips to Pakistan, Saudi Arabia and London and details of fractures suffered by the tot between 'two weeks and two months' before her death are central to the prosecutions case even though the 35 year old had no access to the little girl during that time.
Ms McCarthy Brady has been behind bars in the US since January and bail remains set at $500,000. Brady who has been living illegally in the US for the past ten years faces deportation at the end of her prison sentence.
Ms McCarthy Brady's defence attorney, Melinda L Thompson, has repeatedly said the "wrong person" is in custody.
The trial is scheduled to take place next April.