Jessica Crank had a large tumor on her shoulder when she died.
"I knew there was a problem. It was a large grapefruit-sized tumor," Jacqueline Crank said.
Despite her own testimony about medical advice, "that she would need more tests," Crank chose a different route with spiritual leader Ariel Ben Sherman.
"We took it in our hands to pray for her, to heal her with prayer; to know that Jesus Christ is the healer," Crank said.
"Did you take her to the hospital?" prosecutors asked.
"I took her to Jesus Christ," she answered.
And Crank's lawyers argue she did nothing wrong.
"The right to talk to God is one of the most fundamental concepts we have in the state of Tennessee and we have in this country. It is unconsionable that the government chose to say, 'Ma'am, when you talk to God in this particular case, it's a crime,'" said defense attorney Greg Isaacs.
Isaacs said the current statutes are too vague, and asked Judge E. Eugene Eblen to declare the current law charging Crank unconstitutional.
"There is no guidance for Christians, for people of the Hebrew faith, for people of the Muslim faith as it relates to turning to their God when their family and their children are ill," he added.
Isaacs asked Ms. Crank if she could go back in time to 2002 and do it all over again, if she would change her response to her daughter's illness. She responded that she would again rely on her religious faith.
Crank now faces a misdemeanor neglect charge in the death of her daughter, after years of legal wrangling that has seen the charges move up and down the appeals process but never to trial.
Sherman also faces child neglect charges.
Judge Eblen said he agreed with much of the defense, but denied the motion on the basis that only the state can deem a law unconstitutional.
Sherman was present in court as well. His charges in connection with the case have raised questions of legal duty of care.
Sherman's defense attorney, Don Bosch, hopes to see the Crank case end in an acquittal or dismissal of charges before his client ever goes to trial. In such a case, Jacqueline Crank's higher duty of care to Jessica Crank would essentially mean Sherman's charges would be dismissed.
