DAYTON, Ohio -- A grand jury has indicted China Arnold, 26, on one count of aggravated murder and now prosecutors said they will seek the death penalty.

Arnold is accused of killing her three-week-old daughter in a microwave oven. She was arrested in August 2005 in connection with her daughter’s death, but was released 48 hours later.

The Montgomery County prosecutor’s office refused to file criminal charges last year, sighting lack of evidence.

Arnold was arrested again last week for the same crime -- 15 months after her daughter, Paris Talley, died. Coroner reports show that Talley died from hyperthermia or an elevated body temperature.

It is now believed that the baby was placed in a microwave oven, police said. Prosecutors said they now have enough evidence to go forward with an aggravated murder case.

NewsCenter 7 was first to report to Arnold’s attorney, John Paul Rion, that prosecutors are seeking the death penalty against his client. Rion said he insists that Arnold is innocent and said he has witnesses and forensic evidence to prove it.

Arnold is being held in jail on a $1 million bond.