Melanie Smith, 25, was charged last year with starving and abusing her 4-year-old son, who was discovered malnourished and bruised from head to toe at a Gore home.
A jury trial for Smith has been set twice in recent months, but both times the trials were postponed.
Smith's attorney filed a motion last month asking the court to dismiss the charges, based on Smith's right to a speedy trial. Prosecutors argued Wednesday that the delays were not deliberate. A judge on Wednesday agreed, citing that the only issue is if the delays have impaired the defense, which the judge said has not been proven by the defense.
Three others are charged in the case, including Smith's half-brother, Roy Albert Smith, 21, of the Braggs area who has been free on $20,000 bond since November. He is set to appear in Muskogee County court on Sept. 29.
Child abuse charges are also pending in Sequoyah County against Gore women, Brenna Ann Smith, 30, and Sharon Kay Smith, 50. Brenna and Sharon Smith reportedly cared for the boy while Melanie and Roy Smith were at work. Charges against the two, who were bound over in September 2005, are pending.
A tip about the alleged abuse of the boy led to an investigation by the Department of Human Services (DHS), who then contacted Gore police. Officers found the boy in Sharon Kay Smith's Gore home. Police reported that the boy could barely walk when he was first found.
