Schenectady, N.Y. (WNYT) – Persia Nelson appeared in Schenectady County Court before Judge Matthew Sypniewski.

It was a brief status update. In October, private criminal defense attorney Mark Sacco agreed to take this case because the public defender’s office had a conflict. Sacco told the court he has the materials he needs.

Nelson is accused of causing the death of her nine-month-old daughter, Halo Branton, in March.

“I’d like to correct the record on that a little bit,” said Sacco. “My client is not a monster. She had a huge lapse in judgment, did something that everyone involved will agree is a huge tragedy. But she didn’t commit murder.”

Authorities say the baby had been dropped into a utility tunnel on the General Electric campus, was half submerged in water, and died of exposure and hypothermia.

Nelson is charged with murder, manslaughter, and endangering the welfare of a child.

“I think when the facts come out, you’ll find out that she was at a party, a family party, with all very nice people. She drank too much that night and she got upset and she left and I think she was new to the area, so I believe what happened and what I think the evidence is going to show in the case is that she got disoriented and she ended up in a wooded area,” he said.

“If you’ve ever been disoriented at night, maybe had a couple drinks and you’re in a place you don’t know, you can kind of understand how something like this can happen. And the weather starts getting colder and colder and colder. And I think what the evidence is going to show is that she got very disoriented. And when she set the baby down in this shed that the baby was found in, she thought that that was a safe place for her baby and it’s going to show that the intoxication is a very big deal here, but it’s not murder.”

Sacco spoke to two grandmothers Wednesday.

“And everyone that I’ve talked to said she was a great mother. Loved the kid to death, loved the kid. I should also note when she was found, and she had thrown up all over herself and her blood alcohol was I think probably over a .20 which is very intoxicated, the first thing she said to the EMS workers is where’s my baby. Now, she has blacked out at that point,” said Sacco.

There is no trial date yet, but it’s expected to take place early next year.