An attorney for Sarah Dutra will try to get statements she made to investigators about the murder of her former employer, lawyer Larry McNabney, thrown out of her impending trial.

The former Sacramento State student will be in court on Monday when her lawyer, Kevin Clymo, will argue that Dutra felt she had to cooperate with authorities when she could have remained silent instead of implicating herself in the murder.

At the hearing a San Joaquin County judge will determine what evidence can be used in her case. Dutra’s trial is scheduled to begin Jan. 6.

She is charged with murder for financial gain and allegedly assisting Laren Sims Jordan in poisoning McNabney last year. Jordan committed suicide in a Florida jail last March after implicating Dutra.

Prosecutors are no longer seeking the death penalty, but if convicted Dutra could get a maximum sentence of life in prison without the possibility for parole.