Lawyers for the three argued Friday that Jeffrey Stone and his sister and mother took Porter because they were worried about the medical treatment he was receiving.

They were upset the boy had been discharged, the lawyers said, because in the past that had only led to a worsening of his condition. They said the intent of the three was to bring the boy to another hospital.

"I think it's going to be hard for the state to show they had any intent to harm the child — (because) in fact, it was just the opposite," said Richard Fredman, Minton's attorney.

Jeffrey Stone, according to the attorneys, had even sought the advice of a family lawyer, trying to sort out what they characterized as a custody misunderstanding.

Fredman argued Porter's case would normally be a typical family court matter, but "the case has sex appeal, it has appealed to the press, and because of that it's been misunderstood."

Krug said, however, the taking of Porter was anything but innocent. She said while Tiffany Stone was checking Porter out of the hospital, Jeffrey Stone said he was going to get his car but instead took off with the child.