The trial for a Harlingen man charged with injury to a child has been put on hold for about a month.
Roberto Alvarez is accused of not getting medical treatment for his 2-year-old daughter, Mariah Alvarez.
Mariah died after she was beaten to death by her mother, Melissa Lucio.
Wednesday, a judge ruled that Alvarez undergo testing to find out if he is competent to stand trial.
Action 4 News Legal Analyst John Blaylock added insight to the case.
"Ultimately, it's up to the jury to decide," Blaylock said. "They don't have to go by what any expert says. The jury can make up its own mind as to whether Alvarez had the mental capacity at the time to actually report child abuse."
Lucio was convicted in 2008 and sentenced to death for Mariah's murder.