A judge says the case against a Weston couple accused of reckless homicide in the death of their daughter can proceed.

Marathon County Circuit Judge Vincent Howard made his ruling Monday.

The decision is expected to be appealed.

Dale and Leilani Neumann have pleaded not guilty.

Their attorneys wanted the charges dismissed on constitutional grounds.

Prosecutors say their daughter, Kara, died of untreated diabetes in March.

They claim the girl likely had symptoms for weeks that should have prompted the parents to seek medical treatment.

At the heart of the dispute is two Wisconsin laws.

One says it is not child abuse to treat illness through prayer alone.

The second is a homicide law that makes no exception for prayer.