AUSTIN (KXAN) — Magen Fieramusca did not appear at a status hearing Monday related to charges she faces, accusing her of killing new mom Heidi Broussard after kidnapping her and her baby.

She was initially charged with kidnapping and tampering with evidence, but investigators added a capital murder charge last week.

Court co-ordinators told KXAN ahead of time she was not expected to appear in court for the hearing. She has not made a court appearance since her arrest.

Broussard, 33, was found dead in the trunk of a car in Jersey Village, a Houston suburb, in December.

In comments to KXAN on Monday, one of Fieramusca’s attorneys, Brian Erskine expressed frustration that the District Attorney’s Office had not given him and his colleagues all the evidence that they should.

Fieramusca’s attorney asked a judge for access to more documents in the case — things like search warrants and grand jury testimony — and they say the judge said they’ll get the documents.

But Fieramusca’s attorneys say they don’t know when and argue that it’s hard to defend her without all the evidence in place.

“When you charge someone with something like capital murder, that’s a big deal,” Erskine said. “You are essentially defaming them in the public eye … Obviously this case has a lot of eyes, a lot of attention.”

Erskine continued, saying that “While people may have their hard feelings [against Fieramusca]. Maybe you think she deserves it. The fact remains that the process has to take place before that kind of mandate can be given. You can’t just say somebody deserves it without getting their day in court.”

In a formal statement submitted to KXAN on Monday night, Erskine wrote:

Regarding today’s hearing:

Last week we filed formal discovery motions to address the government’s failures in the disclosure process. Late Friday the government trickled in limited information and filed a response to our discovery demands. Prosecutors suggesting the 50 evidence items uploaded Friday evening was significant, yet failed to acknowledge most included innocuous documents such as a Detective’s to-do list. The government insisted they would provide information as it became available, which begs what information was available to the grand jury.

During today’s hearing prosecutors argued this limited disclosure placed them in compliance. It does not. The government’s limited disclosed information does not contain sufficient links or evidence that would substantiate an indictment for any charges, let alone Capital Murder. Their insistence that this information is forthcoming is not a relief, but instead a burden. The government rushed to indict Ms. Fieramusca last week in order to avoid an examining trial which would have required them to call witnesses to substantiate probable cause or risk letting Ms. Fieramusca out on bond. This rush stymied our client’s ability to learn about any evidence against her and simultaneously created a continued pretext for the government’s slow discovery process while Ms. Fieramusca remains in custody.

Our insistence on these issues is to ensure the government is held accountable, and we will continue in our efforts to vigorously represent Ms. Fieramusca, as she looks forward to her day in court.”