Lawyers for Irish nanny Aisling McCarthy Brady are accusing prosecutors of acting unethically in the case and have asked a judge in Boston to dismiss first degree murder charges.

According to the Boston Globe, the defense lawyers say Middlesex County presented evidence to a grand jury in an unethical fashion when indicting the Irish woman on a murder rap, following the death of Rehma Sabir, a one-year-old girl in her care.

The defense lawyers also claim that the case put together by the office of Middlesex District Attorney Marian T. Ryan’s office is so weak that it does not meet the basic standard of probable cause.

Ryan responded on Wednesday to the charges.

“This motion filing by the defense is the standard course of action in this type of criminal proceeding.’’ Ryan said in the statement. “We are in the process of drafting our response, and we will be prepared to fully argue the motion at the next hearing.’’

Prosecutors claim the baby died after “abusive head trauma” when Brady had sole care of the child on January 14th. She died two days later in hospital.

Baby Sabir was brought to Boston Children’s Hospital on January 14. She was unresponsive and suffering from subdural and retinal hemorrhaging and cerebral swelling. She died from her injuries.

Brady, a Cavan native, has pleaded not guilty to all charges. As an undocumented person she will be deported to Ireland even if she is found not guilty. She has been held without bail.

Patrick Fitzgerald, an assistant Middlesex district attorney, stated  that the child’s injuries were consistent with “violent shaking and direct impact to the head.”

Melinda L. Thompson, attorney for the nanny has said she is convinced of her client’s innocence and that she has been wrongly accused

Legal experts say it would be a major surprise if the judge ruled in favor of the defense. However, they said the long 80 day gap between arrest and charging was very troubling.