(August 27, 2008)--The attorney for a nearly half-ton Texas woman says the 1,000 pounds she's carrying makes it impossible for her to have beaten her nephew to death as authorities allege.
Mayra Rosales' defense attorney Sergio Valdez said his 27-year-old client lacks the movement in her arms to have killed the child.
He called it an "impossibility."
Mayra Rosales was indicted last week in the March 18 death of 2-year-old Eliseo Gonzalez Jr., who prosecutors say was hit twice in the head while his aunt was watching him.
The boy's mother, Jamie Rosales, is charged with injury to a child for leaving her son in the care of his bedridden aunt.
But Jamie Rosales is sticking up for her sister.
Her attorney says that she believes the death was possibly the result of the morbidly obese woman rolling onto the toddler.
A state district judge has agreed not to jail Mayra Rosales, provided she wears a global positioning system tracker until her trial because the county jail is unable to accommodate her size and medical conditions.