A defense lawyer says his client doesn't deserve to be charged with first-degree intentional homicide over the death of her newborn daughter.

Public Defender Vincent Rust says the criminal complaint fails to show 20-year-old Indra Book of La Crosse intentionally killed the baby.

Prosecutors claim Book failed to provide proper care after giving birth in August 2007 at her former residence. She then placed the baby in a plastic cooler which later was set out for trash collection and has not been found. She also faces a charge of hiding a corpse.

But Rust says in a nine page brief filed in La Crosse County Circuit Court that Book told authorities she tried to breastfeed the baby but was unsuccessful, and she also wrapped the infant in a towel and called adoption agencies.

The defense motion to dismiss the charges is due for a hearing Sept. 5.