Jun 3, 2013 6:57 PM by Janine Reyes - email@example.com
CORPUS CHRISTI -- Sexually explicit phone calls made by Laura Day from jail will not be presented as evidence during the capital murder trial for the death of her 6-year-old stepson.
Those are just some of the new details that surfaced this morning as her attorneys and prosecutors argued before the judge in a pre-trial hearing.
Day's stepson, Taylor Syring, was pronounced dead last fall when Day showed up at Bay Area Hospital with the boy.
There were no cameras allowed in court today, but it appears the high profile case is moving forward here in Nueces County.
Laura Day is charged with Capital Murder, Child Endangerment and Injury to a Child. She did not speak in the hearing, but she did listen in as prosecutors went on the record stating they would not seek the death penalty in her case. Instead they intend to ask a jury to consider life in prison without the possibility of parole.
Judge Bobby Galvan did not make a ruling on the change of venue motion made by Day's attorney, but the case is scheduled to move forward with jury selection tomorrow.
Judge Galvan heard arguments from attorneys on both sides as to evidence that will or will not be presented in the case. Some of those arguments were made in closed chambers.
You may remember after her arrest, information surfaced of Day's several aliases and a lengthy criminal history that includes a murder conviction in 1982.
Day served 6 years of a 17 year prison sentence for killing her boyfriend at the time. She also has convictions for bigamy, fraudulent insurance claims, arson and theft.
Prosecutors and defense agreed that a jury will not hear about any of that information as it does not pertain to the case at hand.
The jury will hear about Day's bizarre statements to police during her interrogation.
The prosecutor told the judge that Day told investigators she was a millionaire and that she made love to her husband, Taylor Syring's father, the night prior to her meeting with officers about the boy's death.
Prosecutors argued those statements demonstrate her state of mind after the 6-year-old's drowning death and the judge agreed.
The state says they also intend to let jurors hear recorded conversations from jail between Day and various people.
They say they have hundreds of calls, but plan not to use sexually explicit conversations and phone calls that prosecutors say are incriminating on other offenses. Day's attorney is in the process of reviewing those calls now.
Prosecutors told the judge Day agreed to pay for Syring's funeral services, then called to cancel the next day. Her attorney argued that would not be relevant in her case, but prosecutors say it demonstrates Day's relationship with the 1st grader.
We've also learned that Taylor Syring's mother filed a wrongful death suit against Day. But the jury will not hear about that either.