Attorneys in the Clermont County Prosecutor's office spent Thursday pouring over legal decisions and case law.
They were looking for information that could help them decide if charges should be filed against Brenda Slaby in connection with the death of her two-year-old daughter, Cecilia.
The decision may very well hinge on whether there's evidence in the case that the child's death was an accident.
A Thursday announcement on possible charges is likely.
The case will not be presented to a Clermont County grand jury on Wednesday.
Cecilia Slaby died last Thursday after spending eight hours inside her mother's SUV, which was parked behind Glen Este Middle School.
Brenda Slaby is the school's assistant principal.
UC College of Law Professor Mark Godsey, himself a former prosecutor, says two main legal principles are in play in the Slaby case – recklessness and negligence.
"Recklessness under the law is when a person intentionally and consciously disregards a risk," Godsey said.
"Negligence is making a mistake that a reasonable person would not have made because something else is on their mind," said Godsey.
Prosecutors have a number of options in the case.
They could decide not to file charges filed.
Or, they could file counts of child endangering and/or involuntary manslaughter.
However, legal experts say Ohio law requires that an element of recklessness be evident for child endangering to be applicable.
If there is none or if there's evidence that the child's death was an accident, there can't be a child endangering charge.
Godsey says it's a tough legal and emotional call.
"An argument could be made that she's a good mother, this is an aberration, she's been tragically punished and she'll never do this again just by the fact she's suffered such a great loss," he said.
"On the other hand," Godsey continued, "a prosecutor has to look at deterrence -- sending a message. Wake up! Don't make these mistakes or you're going to be punished additionally by the law."
Wanda McCarthy is a clinical psychologist at UC's Clermont College in Batavia.
Her take on the Slaby case is that it involves a career woman in role overload with a high profile job, children to raise and a household to help run.
"This is certainly a tragic instance, but I think often times women are overwhelmed by the responsibility they have on their shoulders," McCarthy said. "I believe that she [Slaby] may have been overwhelmed."
That can lead to extreme stress and the possibility of forgetting things – even as major as a child in a car – according to Clermont College psychology professor Ronald Leslie.
Leslie likens the chemical changes that stress produces in a body to the anxiety one feels before taking a big test.
"People actually have blacked out. It's like amnesia. Their short-term memory just doesn't function," Leslie said.
"They know the information, but under stressful situations, they cannot remember," said Leslie. "They cannot recall."
