ALBUQUERQUE, N.M. (KRQE) – An Albuquerque woman charged in connection to her granddaughter’s death asked a judge on Monday to lighten her conditions of release. Diana Garcia is charged with child abuse for allegedly failing to protect her two-year-old granddaughter, Diana McGrory. Paramedics found the girl last October at Garcia’s home off San Pedro and San Antonio emaciated with bruising on most of her body and burns. Garcia’s son, Michael is accused of inflicting the injuries.

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Diana Garcia was released but was required to undergo drug treatment and regular drug testing and could not see her grandchildren. Pretrial services recommended her program be stepped down because she’s been meeting those conditions as well as showing up for court and holding down a job. The state objected citing how serious the charges are. “Given the fact that she’s meeting all the objectives of pretrial services, who’s in charge of supervising her, a step down is more than appropriate,” said Defense Attorney, Maria Padilla.

“For them to come out and say ‘well she’s complied.’ The court did not put that in their order that if she complies, she could get step-downs now and then,” said attorney Savannah Brandenburg-Koch.

Judge Clara Moran ruled to keep the current conditions of release.