Accused Mom Wants Statements to Cops Thrown Out

claims "swearing and yelling" police investigators misled her into making statements about the October beating of her daughter, and did so without reading her rights to her, according to recently filed court documents.

Koch, 29, is charged with aggravated battery to a child on the prosecution's premise she allowed her boyfriend, , to severely beat her daughter  at a St. Charles motel. Koch also is accused of lying to police.

Koch, who says none of her statements were voluntary, now wants a judge to throw out information she gave to St. Charles police in interviews shortly after the attack in the motel room.

St. Charles police said they could not comment on the pending motion, and prosecutors have yet to file a response. Koch and Cooper have pleaded not guilty.

Specifically, Koch suggests police "made promises ... that she would not get in trouble for the injuries that her daughter sustained and told her she is not responsible for the actions of the co-defendant."

Koch’s daughter suffered severe head injuries, described in detail in court documents, that caused vision loss and brain damage. She had been treated at Children’s Memorial Hospital in Chicago and spent time at a rehabilitation facility, document state.

Prosecutors allege Koch lied to a police dispatcher and investigators about how her daughter was injured and information relating to Cooper, the indictment states. In a search warrant affidavit filed last year, Koch is said to have told police Cooper fled as she called 911 and gave her daughter CPR. Prosecutors now say Cooper was in the room during the 911 call.

Koch also told police the girl’s injuries came from an accidental fall in one of several attempts to protect Cooper, who she allegedly gave investigators other false information about.

In the motion to dismiss, Koch states her initial interviews took place while she was under "severe emotional stress" and was "shaking and crying." Cooper also was in repeated contact with Koch as police questioned her, court records show.

Although not charged with any crimes until January, Koch was never free to leave during any of those interviews with police, and was not read her Miranda rights until after a Nov. 1 lie detector test, the motion states.

"(Koch) is a domestic violence victim and her daughter had just been severely beaten by her domestic violence paramour and (Cooper) had also threatened to kill her and her family prior to him fleeing the scene," the motion states, referring to Koch's mental state when talking to police.

A hearing on the dismissal motion is scheduled for Aug. 31. Cooper returns to court July 22.