PRINCETON — There were three people inside the Pepperidge Apartments home where Joshua Isaiah Boozer was beaten in early February.

Six months old, bruised and broken, Isaiah died of his injuries two days after he lost consciousness. His mother stands charged with killing the baby, and her defense confirmed plans Wednesday to tell the jury her on-again-off-again boyfriend committed the crime.

Debate during a pretrial hearing this week set the scene for a trial that will pit the defendant, Katharine Janelle Boozer, 23, against the man she told police was a sexual partner, rather than a long-term part of her life.

The defense has made no secret of the fact that they aim to pin the crime on Aaron Johnston.

Boozer is charged with first-degree murder and death of a child by parent due to child abuse. So far, Johnston faces no charges in the incident.

Boozer appeared before Circuit Judge Derek Swope Wednesday, standing before him for the first time without the Southern Regional Jail’s trademark orange jumpsuit. The judge released the Princeton woman last month, after the state and defense agreed to $50,000 bond and provisions that she be held on home confinement and live with family members pending her trial.

Boozer’s tardiness to her court date, however, pushed the judge close to revoking the bond he granted July 13. According to defense counsel Thomas R. Czarnik and Phillip Scantlebury, Boozer believed her hearing was slated for Thursday, despite a schedule change the court made to accommodate Czarnik’s caseload.

“Don’t ever be late for anything again. If you lose this, you could go to jail for the rest of your life,” Swope advised Boozer as her hearing began approximately 45 minutes late. “I’m going to let it go this time, but that will not happen again.”

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Shifting focus from scheduling to legal debate, Czarnik requested the release of Johnston’s health records. Doing so would avert the Health Insurance Portability and Accountability Act, designed to keep medical data as confidential and secure as possible.

Czarnik pointed out that there were two adults in the apartment when Isaiah Boozer was fatally wounded. Johnston left the scene before Princeton Rescue Squad officials arrived, allegedly at Boozer’s request, because both knew his presence in her personal life would likely cost her job as a case worker at Southern Highlands Community Mental Health Center. Johnston was one of Boozer’s clients.

“The state’s case is based on Johnston saying, ‘I didn’t do it; she did it,’” Czarnik said, explaining that he intended to argue that the young man is not a credible witness due to the mental health issues in his past.

Assistant Prosecuting Attorney Scott Ash said his office had spoken with Johnston and that although he was not happy with the possible release of his records, he understood the nature of the motion.

Swope indicated he would approve the motion.

Up next, Czarnik reminded the court that the defense has asked for a change of venue in the case, citing extensive publicity of the baby’s death and Boozer’s charge. Swope deferred ruling on that motion until the next hearing on Sept. 2.

He told the defense, however, that mere publicity is not enough to move a trial outside of its home county.

“You have to show a present, hostile intent,” he said.

The judge pledged to keep an open mind on the motion, but he indicated he’d be more likely to administer a jury questionnaire to determine prejudice rather than changing the venue without proof of a jury’s predisposition.

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Neither side of the case had received an autopsy report on the infant, as of Wednesday. While the baby died in Virginia, the medical review was conducted at the West Virginia Medical Examiner’s Office in South Charleston. Reportedly, officials in both states have declined to release their findings until they view the other’s report.

Swope instructed the state to give the involved entities until Aug. 18 to hand over the reports, or the necessary officials will be required to provide depositions in Princeton.

In other action, Swope repeatedly asked both sides whether there were questions concerning Boozer’s competence to stand trial.

Ash affirmed that he believed the defendant to be capable of assisting in her own defense, and Czarnik said he had “no intention” of raising her psychological or psychiatric status as a defense.

The state indicated a desire to introduce possible evidence of child abuse prior to the fatal injuries. Ash referred to signs of “bruising, crushing-type of injuries” to the child’s genital area prior to his death. Approximately a month before Isaiah Boozer died, he received medical care for injuries to his testicles.

Czarnik argued that Child Protective Services officials and investigators never ruled that there was clear evidence of abuse in that instance.

“I’ll look at it from both sides, but it just seems to me that it’s going to be admissible,” Swope said.

The judge ordered State Police authorities to hand over Boozer’s driver’s license, or allow her a reprieve from home confinement rules to go to the Division of Motor Vehicle office in Princeton to get a new one.

The license was seized as part of the initial investigation, and it has allegedly never been returned to the defendant, which complicates her compliance with home confinement requests that she travel occasionally for drug testing.

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The case is slated for trial in September, and Swope said he expected the jury members would “have their work cut out for them.”

Czarnik expressed doubts that the trial could proceed on schedule, given the delay in medical records and other issues.

“I’m not sure we’re going to get there, but we’re working on it,” he said.

— Contact Tammie Toler at ttoler@ptonline.net.