Lawyers for a Fort Payne woman charged with capital murder are arguing there is no evidence that she killed a Hartselle woman, missing for more than two years.

DeKalb County District Judge Steven Whitmire has set a preliminary hearing for Aug. 21 for Loretta Kay Carr, 43, who was arrested Sunday.

She has been charged with capital murder-kidnapping and is being held in the DeKalb County Jail without bond, according to jail records.

According to court documents, Carr has been charged with “intentionally causing” the October 2021 death of Mary Elizabeth Isbell “by pushing her off of a cliff.”

The DeKalb County Sheriff’s Office has not released any details on the arrest as of Tuesday afternoon.

Isbell, also known as Mary Elizabeth Isbell Wright, 39, was reportedly last seen in November of 2021, according to Hartselle police. She was last known to live in Dekalb County.

According to court documents, Carr’s attorneys are arguing the state does not have enough evidence to justify confinement or to send the case to a grand jury.