HUNTINGTON, W.Va. (WSAZ) -- There was a hearing Friday to suppress evidence in the case against Rosemary Forney.

Cabell County Prosecutors say Forney, along with Steven Foster Jr., sexually assaulted and murdered Lincoln County social worker Brenda Yeager in August 2008.

West Virginia State troopers found Yeager in a burned out car in Cabell County.

The state has decided to have separate trials for Foster and Forney.

Foster's father, Steven Foster Sr., also faces charges for allegedly helping cover up the crime.

The defense does not think Forney had the mental capacity to have committed the crime nor provide statements to troopers before her official arrest. They also claim she did not know she wasn't under arrest during the time of questioning Aug. 1, 2008, nor understand the Miranda form and rights she was read.

She was questioned twice that day, three hours apart -- once right before noon and again around 3 p.m.

A Kanawha County psychologist who performed tests on Forney testified for the defense. He stated he believes Forney reads and comprehends at a 3rd grade level and that the Miranda form was tested to need a 6th grade IQ level.

Cabell County Prosecutor Chris Chiles countered by bringing Forney's education history, which showed she completed and graduated from Spring Valley High School with a 2.98 grade point average. He also said her coursework included only 20 percent special education courses. Chiles was attempting to prove Forney understood and comprehended verbal statements.

The trooper testified he read and explained the Miranda form to Forney.

Forney's defense would like those statements where she allegedly confessed to the crime thrown out because they don't think she understood her rights.

Nothing was decided at Friday's hearing. It was continued until Dec. 17 so the defense can call more witnesses to the stand.