The woman accused of killing her son in 1991 asked a judge to throw out her indictment Wednesday but was denied.
Michelle Lodzinski, formerly of South Amboy, is accused of killing her 5-year-old son Timothy Wiltsey. Police arrested Lodzinski in Florida after investigating the case for two decades.
Lodzinski had told authorities that Timothy disappeared at a Sayreville carnival in 1991, but investigators said her story kept changing. His skeletal remains were found in 1992.
Lodzinski's lawyer says the case is built on speculation and circumstantial evidence.
However, prosecutors say the circumstantial evidence is overwhelming. They say it shows that Lodzinski believed her son was a financial burden and ruined her social life.
Lodzinski pleaded not guilty in the case. Her trial is set to begin in January.