A 13-year-old babysitter accused in the death of a toddler claims she was simply trying to calm the child by "wiggling" her, but prosecutors say Ashley Howes murdered Freya Garden in a manner consistent with shaken-baby syndrome.

King County prosecutors say the teen confessed in a police interview to shaking the fussy 19-month-old girl at least twice while babysitting her and her 5-year-old sister.

But defense attorney Bryan Hershman told Court TV that his client never admitted to harming Freya and that the statement does not amount to a confession.

Almost 10 months following the Jan. 16 incident, a Seattle juvenile court judge will begin deciding next week whose version is more believable.

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According to a probable cause report, Ashley told police in a videotaped statement that the first instance occurred as she bathed Freya when her parents were still in the home.

She said she was washing Freya's hair when the toddler began to squirm and kick. In response, Ashley allegedly admitted to grasping Freya by her ribcage area and shaking her "once," the report says.

After she removed Freya from the tub and began to dress her, Ashley noted that the child "was not acting the same," appeared "listless," and had difficulty standing up.

"Freya seemed to fall down on her legs," the report states. "The suspect noted that Freya went to sleep immediately, which was abnormal for her, as she usually took a while to go to sleep."

The second alleged instance occurred when Ashley heard Freya crying in another room and went to comfort her.

"The child continued to cry, and after approximately five minutes, she shook Freya and tried to get the child to stop crying," the report states, paraphrasing her words.

Once again, Ashley immediately noticed a change in the child as she struggled to sit upright.

"Before she could let go of the victim, Freya collapsed," the report states. "The suspect placed Freya on the floor of the living room and attempted to 'wake' her up. She heard Freya breathe in and make a choking noise."

At some other point in the day, Ashley allegedly told police, she found the child lying on the bedroom floor, her legs wrapped up in blankets.

When she attempted to free the child by pulling the blanket out from underneath her, the child "flipped" into the air and landed on her back and hit her head.

The teen called 911 and the young victim was rushed to the hospital, where she died the next day.

An autopsy later confirmed that Freya died from injuries suffered from being shaken, including brain damage, petechiae, or bruising caused by hemorrhaging, and internal bleeding.

Signs of blunt trauma consistent with Freya's head hitting a hard surface were also detected. Investigators surmised the trauma came from contact with a soap storage unit in the bathtub.

Ashley spent a week in juvenile detention in January before she was released under the conditions that she stay away from all children, except her younger brother and sister, and wear an electronic monitoring device.

Before the bench trial begins, Judge Mary Roberts must decide if the state's most damning evidence — Howes' alleged confession — is admissible.

Though investigators say Ashley knowingly waived her Miranda rights, her lawyer told the Seattle Post-Intelligencer in January that he questioned whether "a 13-year-old who's scared out of her wits" could voluntarily waive that right.

He also said a request for her parents to be present was rejected. A motion to suppress the statements is before the judge.

He will also call his own experts in the second-degree murder trial to contest the diagnosis of shaken-baby syndrome.

The defendant faces anywhere from three years up to a maximum detention period until her 21st birthday if she is convicted of second-degree murder in juvenile court.

The junior high student-turned-murder defendant could have faced anywhere from 10 to 17 years had she been tried as an adult.

"We take into consideration her age and that she has no criminal history," King County prosecutor spokesman Dan Donohoe said. "The juvenile justice system can appropriately deal with the defendant."

Openings are expected to begin Monday.

Additional reporting by Savannah Guthrie.