OSWEGO COUNTY, N.Y. – The District Attorney was taken off the case and two counts each have been dropped against Lynn and Lindsay Maxwell. The pair now face four counts each of endangering the welfare of a child following the death of Erin Maxwell in their Palermo home last year.

Erin's father Lindsay, and stepmother Lynn, are accused of forcing Erin to live in deplorable conditions.

Along with dropping some of the charges, the DA's replacement, Assistant District Attorney Mark Moody, also filed a motion asking the judge not to allow the defense to use any information from the department of social services, including testimony from the commissioner, Francis Lanigan.

But defense attorney Sal Lanza says the information is important to the case, saying his clients followed DSS suggestions regarding their home and the care of Erin. Lanza says the case was closed because the Maxwells did everything they were told following visits to their home.

The judge will likely make a ruling on the motion before the trial starts on Tuesday.