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A question of evidence, facing a judge this week.

Mercedes Kemp and Marcus Hill had their preliminary hearing in the death of two-year-old Brandon Kemp, Wednesday.

Witnesses testified about what happened the day Brandon was found unresponsive at his mother's home.

"When I heard a female entering into the triage area saying 'my baby is not breathing,'" said nurse Barbara Tatroe. The testimony made Mercedes Kemp break down and cry in court at the preliminary hearing in her son's death.

"She said, 'my boyfriend did this,'" Tatroe added.

The nurse testified that the day Mercedes took her child to the hospital, she had been gone the night before.

Marcus Hill was supposed to be watching the child. He was not at the hospital when staffers tried to resuscitate the little boy.

"And she was there for part of the resuscitation and while she was with the police, I was there with her for a part of that time as well," said Tatroe.

It's a horrible story of violence and neglect that emerged from the testimony. Brandon's biological father was at the witness stand for almost an hour.

"I had two kids - well, I have one now," said Brandon Crockette, the biological father.

He had only seen his kids twice this year. While he was not involved in the little boy's final moments, he too has had some domestic violence in his past.

The boy's sister Tyanna today is safe with a foster home and her grandfather hopes he soon will have custody.

"That's my main goal, is to make sure that Tyanna is taken care of and that she gets the proper education that she needs and that she gets the proper caring that she needs," said Mike Kemp, the victim's grandfather.

Everyone hopes the little girl's life has a complete turn around.

Prosecutors dropped the torture charge Kemp and Hill faced in regards to Kemp's other child -- Brandon's older sister.

The preliminary hearing will continue Thursday.