BREVARD COUNTY, Fla. – This summer, a mother and her boyfriend will go on trial for the murder of a 3-year-old.

In 2021, police in West Melbourne reported that Josh Manns fatally assaulted Jameson Nance, while Manns’ girlfriend, Erica Dotson, a former Health First certified nursing assistant, placed a 911 call claiming her son had drowned in a bathtub.

Prosecutors argue Dotson knew about the ongoing abuse but didn’t protect her son.

They said Dotson told a daycare that Nance’s bruises were from a duck attack.

Last year, a DCF investigator accused of failing to report the abuse, as well, avoided going to jail when she was put on probation.

Thursday, Manns made a new appearance in court.

New court records showed the public defender’s office does not want Manns and Dotson to be tried together.

The defense argued in the documents that a joint trial would deny them a fair trial because what one says could implicate the other.

In one example, the public defender wrote Dotson told police Manns “left him here all day,” referring to Nance’s body.

“If the co-defendant’s statement is presented to the jury, it may cause confusion regarding each individual’s level of involvement,” chief assistant public defender Michael Pirolo commented.

Manns and Dotson have been in jail without bond since their arrests.

In 2021, police said Manns was arrested on the run in Georgia while Dotson was arrested on what would have been her son’s fourth birthday.

Dotson reportedly told 911, “My son was in the bathtub, and my boyfriend had a seizure. He said my son’s not breathing.” Retired prosecutor Gary Beatty explained to News 6 reporter James Sparvero in 2021, “By failing to stop the ongoing abuse, she legally becomes an accomplice. A mother allowing such events is as culpable as the abuser, especially given the repeated injuries. She had medical training and should have been aware of what was happening.”

Manns’ attorneys did not wish to talk about seeking to try Manns and Dotson separately following Manns’ court appearance Thursday.

They told Sparvero they’ll make their arguments to the judge in another hearing in June.

The state is seeking the death penalty when the trial starts Aug. 18.