for your child because you let two die without medical help. >> no comment. >> gary tuchman joins us live from philadelphia. gary, this is so upsetting. how did it play out in court today? >> reporter: anderson, a in pennsylvania you have to have evidence of malice to charge third degree murder so the two different attorneys for the husband and judge said there is no malice, there should be no third degree murder charge. he said this isn't a close case. he pointed out the first case of their son dying when they thumbed their nose at the law and he says the third degree murder charges will stand and the husband and wife face 20 to 40 years in prison fan found guilty of that. >> were they in court together? >> reporter: they were. he's in jail and he's out on bond. he walked in and looked around, saw her, smiled at her and she looked straight ahead. her father sitting next to her and he smiled at his son-in-law a. very strange and horrible situation.