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Why homicide charges have not been filed in the death of 11-year-old Roman Lopez

The father and stepmother of Roman Lopez, 11, are facing child abuse, poisoning and torture charges after Lopez was found dead in their basement last year.

PLACERVILLE, Calif. — The father and stepmother being charged with child abuse, torture, and the poisoning of 11-year-old Roman Lopez, who was found dead in their home last year, appeared in court for their arraignment on Tuesday.

Although cameras were not allowed in the courtroom, this was the first opportunity to see both Jordan and Lindsay Piper in person, in the same room together. 

Both waived their rights to a speedy preliminary hearing after pleading "not guilty" on Monday. Still, questions linger, like why no homicide charges have been filed, a full year after Roman’s death. 

“Seeing the cuffs, the orange jumpsuit, it made it a lot more real," Kristin Jabs-Ellenburg, a family spokesperson for Roman's biological mother said.

Jordan and Lindsay Piper were arrested in early February on child abuse, poisoning, and torture charges. 

Placerville Police say Lopez was found dead in a storage bin in their basement the same day he was reported missing a year ago but still, no homicide charges have been filed.

“We want it done correctly, want things to stick. We understand that the torture charge can carry a charge of up to life in prison and that is comforting," Jabs-Ellenburg said.

The family spokesperson for Roman’s biological mother and her side of the family say they would rather see this done correctly than quickly. 

“They know that if they rush murder charges that the Pipers could exercise their right for a speedy trial and they might not be ready to bring those charges yet and be ready to prove them," she said.

The El Dorado District Attorney’s office told ABC10 the charges they filed in the complaint are charges that they feel they can prove beyond a reasonable doubt in court. 

“Clearly, the DA up in El Dorado County, Vern Pierson, is being cautious and wise about not bringing that murder charge too soon," Bill Portanova, a former state, and federal prosecutor said.

Portanova said in order to file a homicide charge, you need to establish who did it beyond a reasonable doubt. 

“Here you have two parents in the house, you have multiple children in the house, and I certainly don’t mean to speak negatively about any of them but from a prosecutor's standpoint, everybody in that house is a suspect," he said.

Even though no homicide charges have been filed yet, he said it may not matter, as the torture charge is enough to give someone life in prison, if convicted.

“It’s an amazing amount of punishment weeded out for a case where you don’t have to prove a death," he said.

Jordan and Lindsay Piper are expected to appear back in court on March 8 at 8:30 a.m. once attorneys have been given more time to review the evidence.

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WATCH MORE: Placerville police arrest, charge parents of Roman Lopez a year after boy found dead

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