Airst-degree murder charge against a former University of Idaho student charged with allegedly shaking and killing his 15-week daughter Rebekkah will stand.

Second District Judge John Stegner denied Latah County Public Defender Steve Mahaffy's motion to reduce or dismiss the murder charge Friday. Stegner also denied a motion filed last month to change the location of Pettit's trial, scheduled for May, because of publicity.

In his decision, Stegner rejected Mahaffy's argument that malice and forethought were necessary to charge Pettit with murder. Idaho law states that aggravated battery committed on a child younger than 12 that results in death is considered first-degree murder.

Latah County Deputy Prosecutor Robin Eckmann agreed intent did not need to be shown in order to charge Pettit with aggravated battery and eventually first-degree murder but said intent was proven at Pettit's preliminary hearing in December. Testimony there by Pettit's wife and Rebekkah's mom, Barbara Dawn Pettit, was that Pettit didn't want to take his daughter to the doctor after she was found limp and unresponsive. David Pettit told police he was holding Rebekkah on the arm of a chair when she fell and struck her head. He admitted to shaking his daughter in order to revive her.

Eckmann also argued it was premature for Mahaffy's change of venue motion. She said that argument would be more appropriate during jury selection. Mahaffy said his request to change the trial's location in order to assure an unbiased jury may be brought up again closer to the trial date.

Mahaffy's last motion, to suppress evidence given to police before Pettit was arrested, will be heard at an evidentiary hearing on Friday. That motion said Pettit made several requests to be released by Pullman Police which were denied after he took his daughter to a Pullman doctor for medical treatment. He was then transported to the Moscow Police Department and interviewed for about an hour. It was after that meeting he was read his Miranda rights. According to court records, Pettit never felt free to leave during interrogations by both departments.

Eckmann also was heard Friday on her motion to include second-degree murder charges with the first-degree charges. Mahaffy argued that charging Pettit with both would be double jeopardy. Stegner denied Eckmann's motion.

Pettit continues to be held in the Latah County Jail without bond. If convicted, he could spend life in prison. He may also face charges for a planned escape after sheriff's officials allegedly found a sharpened toothbrush, a large flat steel washer, two steel screws and a conduit clamp in his cell Monday. An investigation found Pettit used the flat washer as a chisel and chipped away at the surface of the concrete wall that frames the cell's windows. The wall is steel reinforced concrete about 10 inches thick. Notes allgedly indicated Pettit planned to stab a detention deputy with the sharpened toothbrush during his escape.

Latah County Prosecutor Bill Thompson said he is waiting for the final report from the sheriff's office to decide whether to file charges.

When questioned, Mahaffy seemed unaware of the incident and would not comment.