FORT WAYNE, Ind. (WOWO): A woman charged with neglect in the death of her 2-year-old daughter claims the child’s death was accidental.

An attorney for 29-year-old Crystal Belcher argues that Belcher “was engaged in lawful conduct” at the time of Jocelyn Belcher’s death last January and “did not act with criminal negligence.”

Emergency workers found the child’s body wrapped tight in a blanket. The Journal Gazette reports her death was ruled a homicide by “neck compression,” and doctors said she had injuries consistent with abuse.

Belcher’s attorney also requested the judge consider suppressing evidence that was gathered at the scene, on the basis that she felt “pressured” to speak to police without a lawyer present.

Shane Patton, Belcher’s boyfriend, was also charged with neglect. He was arrested last month after spending 10 months on the run from police.