A hearing is set for Monday for a South Carolina mother who drove her three children into the ocean off Daytona Beach.
Ebony Wilkerson, 33, has been in a state psychiatric hospital after a judge ruled last year that she was incompetent to stand trial and could be a threat to herself or others.
Her attorney, James Purdy, told the Daytona Beach News-Journal that Wilkerson should be released, saying he does not think she fits the qualification for continued mental health in-house treatment.
The three children involved in the incident are in state custody.
A judge previously ruled Wilkerson was not guilty by reason of insanity on charges of child abuse, and prosecutors dropped attempted murder charges.