Attorneys For Baby Justice's Mother Call New Murder Charge 'Vindictive Prosecution'

WOODLAND (CBS13) — A judge threw out a charge of involuntary manslaughter in the death of Baby Justice, instead charging the infant's mother with murder.

Samantha Green's attorneys fought hard to keep the judge from allowing the murder charge, but in the end, they lost.

Green, 23, kept her head down heading to court where she would find out she's facing the possibility of life in prison for the death of Justice Rees.

Green's father was in court on Friday as both side made strong arguments related to a motion from prosecutors to up the charge to murder.

Green's attorney called the Yolo County District Attorney's Office's motion "vindictive prosecution," accusing the prosecutors of scrambling to up the charge because Green may have been ready to plead guilty or no contest to the previous charges against her.

"Ms. Green was exercising her right to change of plea and as a result the DA upped the ante," her attorney said.

But prosecutors said they've made clear the investigation has been on going, and they felt they had the evidence to charge Green with murder.

The judge agreed, revoking Green's bail.

Green's father didn't want to talk about Friday's developments, but he did offer a thought about his late grandson.

"We're devastated over the loss of our grandson. There's not a minute that goes by that we don't think about him," he said.

While the prosecution said they have the evidence to charge Green with murder, they did not say what that evidence was. Both side offered no comment after court because of a standing gag order on the case.

Green will be back in court in a couple of weeks.