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Mom's lawyers ask for second autopsy in Baby Doe case

BOSTON (MyFoxBoston.com/AP) - A judge has ruled that a mother and boyfriend charged in the death of a 2-year-old girl can have their own autopsy conducted on her remains.

Rachelle Bond and Michael McCarthy were charged last month. Bond's daughter, Bella, was known as "Baby Doe" for three months as authorities launched a massive investigation to find out who she was and how she died. The girl's body washed up on Deer Island in June.

McCarthy is charged with murder, while Bond is charged with being an accessory after the fact. Both have pleaded not guilty.

Bond claims McCarthy killed Bella, but McCarthy has denied it.

Bond hid her face in court Tuesday while McCarthy had a fresh haircut and was clean shaven. Police say McCarthy punched Bella in her midsection and stomach area causing her to die and Bond helped him hide the body for weeks in a refrigerator before they both dumped the body in Boston Harbor.

McCarthy's father and older brother were also in court but they, as well as a woman who identified herself as McCarthy's friend, declined to comment.

The state medical examiner who completed the first autopsy ruled the death a homicide but was not able to determine an exact cause or manner of death. Attorneys for Bond and McCarthy told FOX25 they would rather not ask for another autopsy, but they have to defend their clients.

Janice Bassil, Bond's attorney, said, "My client really did not want this. It's very hard for her."

Legal Expert Peter Elikann tells FOX25  that the state's case has holes because the medical examiner was not able to determine an exact cause or manner of death.

"This case is not so easy to prove against either party. It really boils down to a he said she said," Elikann  said.

He went on to say that with the prosecution relying heavily on the other defendant, more medical evidence is relying heavily on the other defendant, so more evidence is crucial.

"It would be so helpful if they could determine the cause of death and the way it happened because then it really could clarify and show who might be the guilty party here," he said.

<< RAW VIDEO: Rachelle Bond, Michael McCarthy walk into courtroom >>
<< READ MORE: Bella Bond's grandmother calls mother a liar >>
<< READ MORE: Bella Bond's father no longer believes mother's story >>

It has been months since Bella's murder and family members are still waiting to do a proper burial.

Bella Bond's father, Joe Amoroso, says he hopes a second autopsy uncovers more information. He would not comment on burial plans as he left the courthouse.

"I hope they find more evidence and more cause. Like I said this is all justice for Bella from here on out," he said.

A probable cause hearing is scheduled for Nov. 19.

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Cox Media Group

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