Judge denies motion to dismiss charge against former Children's Wisconsin doctor

NOW: Judge denies motion to dismiss charge against former Children’s Wisconsin doctor

WAUWATOSA, Wis. (CBS 58) -- Former Children's Wisconsin Dr. John Cox appeared in court Wednesday, Feb. 12.

He's charged with child abuse -- intentionally causing harm to a child. 

He brought his adopted baby daughter to the hospital last May, saying he fell asleep while holding her and rolled on top of her.

Hospital staff determined that the baby was abused.

In court Wednesday, Cox's attorney argued that the charge should be dismissed.

"There is not a single complaint, or a single fact in this complaint that alleges Dr. Cox intentionally caused bodily harm to a child," said defense attorney Michael Levine.

"This particular case involves an infant who can't come into this courtroom, can't speak for herself, can't say how these injuries were inflicted," state attorney Matthew James Torbenson said. "So we have to rely on this defendant's word on what he says happened."

The motion to dismiss was denied. 

Dr. Cox is due for a preliminary hearing on Feb. 18.

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