UPDATED STORY
Walking into the courthouse Friday morning, Jacquelyn Jamason tells us her frustrations have been mounting.
"May 25th will be two years, and we haven't even had depositions yet," she says.
It's been two years since her former partner Kimberly Lucas allegedly drowned her 2 year old daughter, and attempted to kill the girl's 10 year old brother.
Friday, a new twist in the case - attorneys for Lucas making a motion to have the death penalty removed from the table.
Back in January, the US Supreme Court ruled Florida's death penalty system was unconstitutional.
Lucas' attorneys arguing Friday with no death penalty laws on the books, the option should be removed from the her case.
But a bill just sent to Governor Scott's desk would reinstate the penalty, and require that 10 out of 12 jurors recommend death before the option can be used.
With the governor expected to sign the bill soon, the judge is holding off a decision - saying with the trial not even underway yet, he sees no reason to rule.
Jamason hopes this decision today allows her family to take a closer step to justice.
"For not only me, but for our son, who is only 12 years old," she says. "He questions every day 'when is this going to be over?' It's very difficult on families."
Jamason declined to say whether she's for or against the death penalty in this case.
Both sides are due back in court for a status check in August.
EARLIER STORY
A judge Friday morning said he wants to hold off ruling on whether a Jupiter woman charged with drowning a child should be considered for the death penalty.
Kimberly Lucas is charged with drowning her ex-partner’s 2-year-old daughter and trying to drown her 10-year-old son inside a Jupiter home in 2014.
The judge in the case said he wants to first see how Florida's death penalty will be changed after the U.S. Supreme Court ruled it was unconstitutional.
Lucas' former partner, Jacquelyn Jamason, is pushing for a death sentence.
The trial is tentatively scheduled for 2017.
Kimberly Lucas just entered the courtroom. Charged with killing her partner's two year old daughter... @WPTV pic.twitter.com/6jds2fYmAn
— Jason Hackett (@JHackettWPTV) March 4, 2016
Judge decides to reserve the death penalty decision. Says its too premature. Feels like it will be resolved in legislature soon @WPTV
— Jason Hackett (@JHackettWPTV) March 4, 2016
