KNOXVILLE, Tenn. — A Tennessee judge says a toddler who witnessed her mother’s death will not have to testify in her father’s murder trial.

The Knoxville News Sentinel reports Knox County Criminal Court Judge Steve Sword ruled the child would not have to testify about the 2015 death of her mother. Jury selection is scheduled to begin Monday in the trial of the child’s father, who is accused of killing his ex-wife and kidnapping their daughter and fleeing to Ohio.

Prosecutors wanted to use tapes of an interview with the then 2-year-old girl as evidence. They said they would need the now 4-year-old girl to introduce the tapes from the witness stand.

Sword listened to the interview and ruled the girl was unable to describe a “coherent historical recitation” of what she saw.

Information from: Knoxville News Sentinel,