by: Linzi Sheldon Updated:
CHARLOTTE, N.C. - A judge Monday refused to
permit a Charlotte mother to stay overnight on Christmas Eve with the baby girl she is accused of trying to kill.
Emily Prince, 21, is charged with first-degree attempted murder and felony child abuse. Police say she tried to suffocate her daughter Hailey in January.
Hailey was four months old and in a hospital room at CMC.
Family told Eyewitness News that Prince had taken her there because the child was experiencing breathing problems.
is permitted to have supervised visits with her children only 6 a.m.-6 p.m.
Her attorney, Bill Soukup, asked the judge to waive that curfew so Prince could stay overnight with Hailey and her two other children at her husband's family's home from Christmas Eve into Christmas morning.
"There is never going to be a time that she is unsupervised with the children," Soukup said.
In addition to Hailey, who is now a year old, Prince also has a
2-year-old son and an infant daughter she gave birth to in July.
District Attorney Tim Sielaff showed Judge Yvonne Mims Evans surveillance video from the hospital on a laptop.
Soukup called the video "disturbing" and "very disturbing" at times, and said he was trying to get a service provider who could put the video's contents, he said, "in context."
Evans watched for about five minutes, then said Prince could not stay overnight. However, she said, she would extend her curfew to 9 p.m.
Prince stepped out of the courtroom in tears after the hearing.
She had no comment.
Prince is also on electronic monitoring.
A trial date has not been set in the case.