The aunt of Za'Naya Flores will be going to trial afterall.

Defense attorney Jacob Amaru failed to convince Judge Deborah Bernini to dismiss the case against Keshawna Higgins Monday afternoon.

Amaru argued his client wasn't a legal custodian of the little girl when she starved to death and therefore didn't have a legal obligation to provide care for her. (He's also said his client wasn't around much while the toddler was dying; she was staying with a boyfriend in Queen Creek.)

Keshawna, along with her sister, Kiyana, and mother, Clara, are facing first-degree murder and child- abuse charges in Za'Naya's death last January.

The 22-month-old weighed 14.6 pounds when she was rushed to the hospital after going into seizures and cardiac arrest.

The case against Clara was dismissed temporarily when Judge Bernini ruled prosecutors made errors when presenting their case against her to the grand jury.

However, she has since been re-indicted on the same charges and was arraigned last week.

Kiyana is scheduled to go to trial June 4 and her sister is going to trial July 9.  No date has been set for Clara.