A trial is scheduled for April 1 in the case of Nicole Voss of Beckemeyer.
She is charged with reckless homicide and aggravated DUI in the death of her infant son in August 6 of 2017.
It is alleged Voss ran over the boy with a vehicle in a Keyesport driveway.
In recent months, court action has centered on the defendant’s allegations that the state violated her constitutional rights by releasing evidence to an area newspaper through a Freedom of Information Act request. Voss asked that the charges be dismissed, requested that Clinton County State’s Attorney John Hudspeth be recused from the case and asked that a special prosecutor be appointed.
At this time, the state’s attorney remains in the case as Judge Stanley Brandmeyer said he is convinced by the arguments of the Illinois Attorney General that there is not a personal conflict of interest for the state’s attorney to continue prosecution of the case.
The judge has also denied the motion on the unconstitutionality of the state’s actions, stating the constitutionality of the FOIA is not a justiciable issue before the court.
Voss has filed a motion to reconsider the ruling.
Pending motions, including a request for bond modifications, are to be heard in court Wednesday.