A day after federal prosecutors in Utah charged Kelley Jean Lodmell with kidnapping her granddaughter, Bonneville County's prosecutor said he will not seek the death penalty in the case here.

Prosecutor Dane Watkins Jr. said he does not believe the death penalty would be appropriate for Lodmell if she is convicted in Idaho of kidnapping and murdering 19-month-old Acacia Bishop. He said he based his decision on evidence and Lodmell's mental state but also consulted Acacia's family and police officers. Watkins announced his decision Wednesday, the same day Lodmell, 38, pleaded innocent to the Bonneville County charges of murder and kidnapping. If convicted, the charges could carry a maximum penalty of life in prison.

Seventh District Judge Jon Shindurling put off setting a trial date because agents from the FBI will transport Lodmell to Utah today to enter a plea to the federal charge of kidnapping. Federal prosecutors have said they will ask that Lodmell spend 60 days to 90 days in a federal facility to undergo a mental evaluation.

Shindurling said he wants to see how things are for Lodmell. During an Aug. 27 court hearing, he will decide to either set a trial date or wait.

Bonneville County Public Defender Neal Randall said he's hopeful Lodmell will return to Idaho in 60 days, but added that she can still be brought back for any court hearings in the Bonneville County.

Rather than wait until the federal case is over, defense attorneys want the Bonneville County case to continue partly because they don't believe there is enough evidence so far for Lodmell to be convicted of murder, Randall said.

"We want to proceed on that," he said.

Idaho Falls Police officers believe Acacia drowned May 26 when Lodmell, who Utah authorities say is a paranoid schizophrenic, held onto her and jumped into the Snake River near the Broadway Bridge in a murder-suicide attempt.

Officers say Lodmell kidnapped Acacia the night before and brought her to Idaho Falls.

Lodmell told investigators she planned to keep Acacia until she was arrested for taking her, but later decided to kill herself and the baby, according to court records.

Law enforcement officials are still trying to find Acacia's body, and a search by plane is planned for sometime this week, Watkins said.

"Will we go to trial with a body? Will we go to trial without a body? Perhaps," Watkins said.

Acacia's parents remain in Idaho Falls, where they have publicly maintained their hope their daughter will be found alive.

Idaho Falls Police Sgt. Steve Hunt said officers are still investigating the case. They have yet to find any evidence that Acacia is alive, but they also have yet to find any witnesses who claim to have seen Lodmell jump into the river with the girl.

"We hope that she's alive and well somewhere," Hunt said. "The circumstances lead us to believe Acacia is in the river."