The mother of a 9-year-old boy fatally beaten in Maryland over a missing piece of birthday cake is set to learn if her statement to police can be used at her upcoming trial.

A judge in Hagerstown is ruling Friday on Oriana Garcia's motion to throw out her statement that she had seen her boyfriend Robert Wilson hit her son Jack with his hands and a bamboo sword. Wilson pleaded guilty to second-degree murder in March

Garcia also told police she had allowed Jack to be handcuffed as punishment for stealing.

She's charged with second-degree murder and first-degree child abuse in the July 2015 slaying.

Her lawyer says police led Garcia to believe she wouldn't be charged if she cooperated, even though she had waived her Miranda rights.