A judge in San Antonio asked the state a hard question this week. Will you seek the death penalty against Marlene Vidal?

The answer was four words. "Not at this time."

Vidal, 34, of Edinburg, faced a judge for the first time on Sept. 2. She faces seven felony charges. Police say her two young kids died in a burning SUV in San Antonio in May.

This is an update to a story El Tejano first reported on Aug. 26. You can read it here: https://www.eltejanorgv.com/edinburg-mom-indicted-on-7-felony-charges-after-her-two-kids-died-in-a-burning-suv/

Judge Joel Perez runs the 437th Criminal District Court in Bexar County. He put the question to the state in open court. "Does the state have an announcement on whether or not you are seeking the death penalty?" he asked, News 4 San Antonio reported.

A prosecutor said, "Not at this time, Your Honor."

Perez told the state to go check with its higher ups. He said he wants the evidence turned over fast. The defense has not filed any pretrial motions yet.

Both sides said they are still gathering proof. The judge reset the case about 60 days out. KSAT reported the next hearing is set for Nov. 12.

Vidal is still in jail. Her bond is set at 1 million dollars.

A Bexar County grand jury indicted her on Aug. 6. The indictment lists seven counts.

Two counts are capital murder of a person under 10 years old. One count is capital murder of more than one person. Two counts are injury to a child. The papers say she meant to cause serious harm. One count is arson. That means setting a fire on purpose. One count is tampering with physical evidence. The papers say that count involves a human body.

Capital murder is the top charge in Texas. It can mean life in prison with no parole. It can also mean the death penalty. But only if the state asks for it. The state has not asked yet.

Here is what police say happened.

San Antonio police got a call just before 5 a.m. on May 15. Officers went to the 500 block of Richland Hills Drive. That street sits near Potranco Road on the far West Side. Cops found an SUV on fire behind a warehouse.

Two kids were inside. They were 6 and 5 years old. Both died there. El Tejano is not naming them. They were children.

Vidal was at the scene when police pulled up. Officers held her that morning.

Assistant Police Chief Salame spoke days later. He said Vidal made statements. He said cameras nearby caught video. He said the scene held more proof. All of it pointed one way, he said. He said she was "solely responsible for the death of these two children."

The medical examiner ruled both deaths homicides. That word means another person caused them. It is not a legal finding of guilt.

None of that is proof of guilt. It is what police say. A grand jury only decides if there is enough to charge. A trial jury decides guilt.

There is a Valley angle here. Vidal lived in Edinburg. That is about 230 miles south of San Antonio. But the fire, the arrest and the indictment all happened in San Antonio. So the case belongs to Bexar County courts.

KSAT reported that Edinburg police talked to Vidal days before the fire. There was no basis to arrest her then. Child Protective Services had contact with the family too. A child death report from CPS is still pending.

Where does the case stand now? The next setting is a status hearing, not a trial. The state still has no answer on the death penalty. That answer is the next thing to watch.

A charge is not proof. Everyone is innocent until a court says otherwise.