China Arnold could face death penalty

The Dayton mother accused of killing her baby in a microwave could still face the death penalty.

The ruling was issued by Montgomery County Judge Mary Wiseman during a hearing on Friday afternoon.

Arnold appeared before the judge in a long black skirt and turtleneck sweater.  She smiled at her family, and appeared soft-spoken and in good spirits.

The issue pending before the judge was whether prosecutors could seek the death penalty in the case.

Wiseman said she had reviewed all the briefs, and looked at past U.S. Supreme court rulings and decided the death penalty would apply.

"We're still hopeful.  We're waiting to find out what's going to happen come April 25th," said Gloria Scott, Arnold's mother.

Jury selection was expected to start on April 25th, the trial was expected to last for a week.