A Schuylkill County judge will not drop attempted first-degree murder and related charges against a West Penn Township woman who admitted starting to drown her month-old daughter because she "just couldn't deal with it."

Rachel M. Foose, 33, on Feb. 16 asked Judge Jacqueline L. Russell to drop the charges.Foose's lawyer, Frederick J. Fanelli argued that the charges should be dismissed because Foose voluntarily stopped herself from drowning the infant.The baby was not injured, he wrote, and further, the charges were filed solely on the basis of Foose's own statements.In his written argument, Fanelli included excerpts from Foose's Nov. 13, 2015 preliminary hearing.In considering the request, Russell read the entire transcript of the hearing."The evidence set forth in the entire transcript of the preliminary hearing proceeding, rather than simply the excerpts attached to (Foose's) petition, does not support (her) request to dismiss any counts," Russell wrote in her ruling, filed Wednesday."Upon his entry into the home, (the baby's father Mark Foose) found his child to be 'unconscious' and he immediately tried to revive her. As a result of his efforts, the child expelled water, was revived and began to cry," Russell wrote.She wrote that the charges of aggravated and simple assault do not require "proof that the victim actually suffered injury. Rather…proof of an attempt to inflict injury is sufficient to meet the Commonwealth's burden, which it has."As to Fanelli's argument that the evidence was based solely on statements, Russell wrote that prosecutors' evidence "contains much more proof indicating criminal activity may have occurred than simply incriminating statements made by (Foose).""According to (Mark) Foose, he found his one-month old infant child unconscious, her clothing and diaper soaked with water, a tub containing more water in it than necessary to bathe the child, and the child's dry bath chair."The child only coughed up water and became responsive after (Mark) Foose began efforts to save her," she wrote.West Penn Township Police Chief Brian Johnson charged Foose with attempted first-degree murder, attempted third-degree murder, aggravated assault, simple assault, endangering the welfare of children and recklessly endangering another person.Foose remains free on $100,000 unsecured bail.According to court documents and testimony, the paternal grandmother, Charlene Belzner of Andreas, stopped Johnson as he was leaving the station on Oct. 23, 2015 to tell him Foose had tried to drown the baby.Foose was sitting on her front porch when Johnson arrived at her home on Golf Road."I tried to drown my baby," she told him. "I filled the tub up with water and tried to drown my baby."Foose told Johnson, "I just can't deal with it," according to the court documents and testimony.Mark Foose told police that when he returned from a trip to a drug store for formula his wife was standing in the living room holding the infant.She handed him the baby and told him she just tried to drown her, and that he should call 911.Belzner said Rachel Foose told her that the Children and Youth Services agency was going to take the baby from her, so she tried to kill the her.