A woman accused of fatally shooting a mother and then kidnapping her newborn baby appeared in court on Thursday for a hearing about grand jury testimony.
Verna McClain, 31, remains in the Montgomery County Jail on a charge of capital murder.
Detectives said McClain has admitted to carrying out the attack, killing Kala Golden Schuchardt, 28, and abducting 3-day-old Keegan Schuchardt, who was found unharmed hours later with McClain's sister.
The April 17 shooting occurred outside a Montgomery County pediatric center shortly after 2 p.m.
McClain wore handcuffs and had her head down as she walked into court. Her mother and grandmother sat behind her during the hearing.
McClain's attorneys and prosecutors met to discuss how grand jury testimony should be handled. The defense wants the transcripts and tapes of the testimony. Prosecutors said they will hand over both, but within reason.
"One of the issues that I feel that the state should always be is in the position of fair play and in the position of wearing the white hat," District Attorney Brett Ligon said. "There is no duty for us to turn over anything other than exculpatory evidence. However, going even further to insure adequate due process in this case, we've asked the court to allow us to turn over what could potentially be mitigating evidence to the defense."
Investigators believe McClain was desperate for a baby after suffering a miscarriage and planned to pass off Keegan as her own.
Keegan is white. McClain and her fiancé are black.
Detectives said they were having a hard time tracking down when McClain suffered that miscarriage or where she was treated.
McClain's fiancé, Kevin Carter, 26, said he thought that she had given birth in Galveston. He said he thought the baby was hospitalized with a lung infection.
"She didn't tell me," he said. "I thought she had the baby April 3. I found out about the miscarriage from the news."
McClain has three children and Carter has two.
"She has been a responsible parent in the past," defense attorney E. Tay Bond said. "She has a job -- she works as a nurse. She definitely loves kids."
Ligon said he has not decided if he will seek the death penalty.
"We feel incumbent upon us to request from the defense any evidence they believe will help my decision," Ligon said.
McClain is expected to return to court again on July 1.