SILVER CREEK, NY (WKBW) — In an emotional and sometimes intense courtroom, Ashley Bertino appeared for a preliminary hearing Thursday morning after being charged with second degree murder in the death of her daughter.

The Chautauqua County Prosecutor’s Office brought several witnesses to Hanover Town Court in an effort for the judge to determine whether there is reasonable cause to believe Bertino committed the murder, before bringing the case to a grand jury, which will ultimately make the final decision

Bertino’s daughter, Mya Smith, 12, died in late April, but Bertino was not charged in her death until last week.

District Attorney Jason Schmidt told me that’s because his office and the sheriff’s office investigated the death to determine the appropriate charges.

Schmidt said Mya had a brother and sister, and they were removed from CPS when Mya died.

Last Friday, however, Schmidt said investigators were informed that CPS had made the decision, based on factors Schmidt said he was unaware of, to return Mya’s two brothers to Bertino. That’s when they stepped in and charged her with murder.

“We didn’t think it was a smart idea to return these children to the same household where Mya Smith died and so we took action on our end,” he said.

Schmidt said the Erie County Medical Examiner’s Office ruled Mya’s death a homicide.

A medical examiner testified that Mya’s cause of death was diabetic ketoacidosis and the category of death was medical negligence.

A county medical officer testified that if Mya had been treated properly, her death could have been prevented.

A Silver Creek School employee and school bus driver testified and noted that Mya sometimes had “poor hygiene.” The bus driver said he reported concerns about Mya to the school district.

“As far as I can see, mandated reporters were doing their job here and alerting the authorities that there was a problem here, there were signs of neglect. And for whatever reason, we’re in this situation where we’ve had a problem. A child died when child welfare authorities were, you know, certainly in the home at various times in these children’s lives, monitoring the home at various times, and there were reports and concerns that were raised by the community, and here we are, and it’s tragic, it’s awful,” Schmidt said.

Bertino’s defense attorney said he could not comment on the case at this time.

The preliminary hearing continues Friday morning, which Schmidt said is unusual because preliminary hearings typically last a day.