COEUR d’ALENE — A 24-year-old Post Falls man who pleaded not guilty to first-degree murder in the death of a 7-month-old Rathdrum girl will take his case before a jury after a judge refused to set aside the indictment, or dismiss charges in the case.

First District Judge Scott Wayman scheduled for Oct. 2 a two-week trial for Cody J. Hull despite arguments from his attorney that his client was innocent, and that evidence in the grand jury indictment was contradictory.

Hull is accused in the Nov. 24 death of his girlfriend’s daughter by causing the brain injuries that ultimately resulted in her death, according to the indictment that included the testimony of more than a dozen witnesses including doctors and sheriff’s office investigators.

Attorneys had asked the court for an October trial in Coeur d’Alene unless a settlement was reached, but a bargain wasn’t on the table at Friday’s pretrial hearing.

Hull’s attorney, Jason G. Johnson of Spokane, argued that the indictment should be thrown out because two physicians didn’t agree on when the fatal injuries occurred. One said the trauma the 7-month sustained could have occurred days earlier, while another doctor said the injuries likely occurred within hours of the emergency call that brought first responders to the Rathdrum residence where Hull was babysitting the child.

“There is alleged blunt force trauma … Mr. Hull was the caretaker …. They are assuming this happened on his watch,” Johnson told the court in an earlier hearing. “There is nothing to show intent.”

He argued that the child had been sick and lethargic for days before the incident.

“The baby was fine when the mother left for work,” deputy prosecutor Laura McClinton said.

The autopsy showed “bleeding in all parts of the brain,” she said.

Wayman denied a motion to suppress evidence or set aside the indictment, and the lack of a plea deal by last week cemented the jury trial date.

Hull’s bond was reduced from $1 million to $250,000 in June, and he remains in the Kootenai County Jail.

If convicted, he could face a minimum 10 years behind bars and a maximum life sentence.