Defense Attorney to Challenge Statements in 8-Year Old Death

August 5, 2013 Updated Aug 5, 2013 at 7:01 PM EDT

By Ed Reilly

August 5, 2013 Updated Aug 5, 2013 at 7:01 PM EDT

BUFFALO, N.Y (WKBW) Candace Cartagena faces 2nd degree murder charges in connection with the death of her daughter Bianca in November 2010.

The charges came over two years after the 8-year old girl's body was found under a pile of blankets in her mother's home on Greencage Circle in Amherst.

Candace Cartagena was found inside a shed in her backyard in a semi-conscious state, and she told police that she had overdosed on drugs.

The Erie County Medical Examiner ruled the girl's death was caused by asphyxiation, but there was no determination on whether it was deliberate or accidental.

In November 2011, a private pathologist hired by the Bianca's father concluded the death was a case of homicide.

The indictment this year follows the discovery of new undisclosed evidence.

Cartagena is now being held without bail.

During a pre-trial conference with Erie County Court Judge Thomas Franczyk, defense attorney John Nuchereno requested a Huntley Hearing to challenge statements taken from Cartagena by police.

The hearing is scheduled to take place on September 20th at 10am with Judge Franczyk.