The Dallas-area woman accused of leaving her newborn baby in a trash can at Texas World Speedway was in court Tuesday morning.
Susan Chiniewicz, 37, was indicted on a capital murder charge in January and is awaiting trial.
On Tuesday, it was a motion to suppress evidence that had the mother back in court.
The defense is trying to get DNA evidence and a statement made by Chiniewicz thrown out.
The defendant sat quietly as a Brazos County sheriff's investigator testified about the events that led up to her arrest.
It was in October 2005, a maintenance worker found a dead baby boy inside a bathroom trash can at Texas World Speedway. An investigation found the baby had died of suffocation and later linked Chiniewicz to the baby using DNA evidence.
According to court documents, Chiniewicz admitted giving birth to the child and getting rid of it, but in a previous hearing she claimed it was dead at birth.
85th District Court Judge J.D. Langley did not make a decision Tuesday regarding the motion.
Judge Langley is waiting to find out if a telephone conversation between sheriff's investigators and Chiniewicz was recorded. If the recording is not found within the week, Langley will make the decision with the evidence provided.
At this time, the state has decided not to seek the death penalty. The trial is expected to begin November 5th.