EPHRATA - The case against the Moses Lake couple accused of mistreating their 3-year-old son was not dismissed.

Michelle and Robert Staats are charged with first-degree criminal mistreatment and second-degree criminal mistreatment for allegedly not providing their son with proper medical care. The boy was reported to weigh between 8 and 10 pounds when admitted to Samaritan Hospital last year.

The defense recently filed a motion to dismiss the case. The prosecution filed its response Tuesday.

Grant County Prosecutor Angus Lee and defense attorneys Stephen Hormel and Douglas Phelps presented their cases to Grant County Superior Court Judge Evan Sperline during a Wednesday hearing.

Hormel explained members of the Christian Science Church believe in healing using prayer so the Washington legislature added an exemption from prosecution for criminal mistreatment for church members.

"Mr. Lee can't prosecute a Christian Scientist under this statute and say 'I'm disregarding the legislative enactment,'" Hormel said. "That would be a violation of his duty."

Sperline was concerned with the legislation Hormel was referring to and thought it was too broad.

"Your argument is that because the legislature put in this unconstitutional provision it is now not unlawful for a parent to withhold necessary medical care from a child whether that parent is a Christian Scientist, a Devil worshipper, no religion at all, Hindu, doesn't matter," Sperline said. "Parents can withhold medical care from children without criminal liability because the legislature stuck this unconstitutional intent in."

The defense also argued that the charges against the Staatses were too vague. The couple is alleged of withholding proper medical care from their child. They reportedly visited a naturopath doctor and consulted an East-Asian doctor in San Francisco.

Hormel argued that even though the couple didn't seek out conventional Western medicine they still tried to help their child.

"Washington state, your honor, recognizes more than one field that's considered medical health care," Hormel said.

Once again, Sperline questioned Hormel's reasoning on why the Staatses declined to seek conventional medicine.

After the defense presented their arguments Lee was allowed to address the court. Lee stated that the Staatses' actions were not motivated by religion.

"This was a 'I don't trust that doctor I'm just not going to go to the hospital,'" Lee said. "It's just not an issue here."

Lee also argued that the East Asian doctor the Staatses sought didn't treat the child and never saw the child first hand.

"They called him up and talked to a specialist who prayed with them," Lee said. "That's not medical treatment of any kind."

After each side was heard Sperline said he was unimpressed with the defense's argument.

Each side is planning to provide supplemental briefs to the court following Sperline's decision.