Zinah Jennings appears in court on August 8, 2012.
Columbia, SC (WLTX) - A judge has denied a motion for a mistrial in the case of Zinah Jennings, the mother of a missing Columbia toddler.
The ruling came Tuesday morning after Jennings's attorney, Hemphill Pride, argued the trial should be thrown out. Among other arguments, Pride said that the woman may not be physically fit for trial.
Jennings, 24, gave birth to a daughter last Friday. She was released from medical care Sunday.
Prosecutors, however, said that Pride had told them before the trial that even if his client gave birth, it wouldn't impact the proceedings. The judge agreed, but said he would allow for breaks every 45 minutes for Jennings.
It was also announced in court Tuesday that Jennings has actually not seen her daughter since giving birth.
The lead investigator in the case spent most of Tuesday on the witness stand. Investigator Colin Bailey talked about several different pieces of surveillance video from stores they gathered from December that showed Zinah Jennings without Amir. Police say the last time Amir was seen on any of these videos was November 29, 2011 at the South Carolina Federal Credit Union. Bailey also said that was the last day any family or friends reported seeing Amir.
Jennings is facing a charge of unlawful conduct toward a child in the disappearance of her son, Amir Jennings. The child was last seen in late November.
Columbia police say Zinah Jennings has not given them information on where the child may be.
She faces up to 10 years in prison if she's found guilty.