The baby's father was charged in the crime, but it has been almost three years and the family is still waiting for the trial.
Shane Engberg has been behind bars since April 2010, and now he's asking to go home.
Little Melody Engberg turned 3-years old on Tuesday, though she likely had no idea it was her birthday because of the severe brain damage she received after being violently shaken as an infant.
Court documents describe the day Melody was rushed to the hospital. Her mother was at work, and she was at home with her father. Shane Engberg told detectives the little girl "gasped for air," "was limp in her arms" and appeared "white like death," according to court papers.
He told authorities he started CPR, but doctors soon learned the infant's brain was bleeding. Police say Engberg later admitted he "shook her," and prosecutors charged him with assault.
Engberg has been in jail awaiting trail, but his family members insist he's not a violent person and are asking that he be allowed to come home using electronic monitoring.
"I don't know how much a person can stand, especially our family. I've got health problems and my wife just finished up her chemo and we need somebody around the house," said Engberg's dad, Dennis Engberg.
Melody's family fears Engberg would be a threat to society, even with an electronic monitor.
"If he gets out, he has nothing to lose. If he gets out, who knows? Who knows?" said Melody's aunt, Kimberly Walker.
The judge ruled that Engberg is a flight risk because he's facing 25 years in prison if he's convicted. She also denied the request to reduce his $1 million bail.
Melody's family says they've been more than patient waiting for justice.
"It's been very challenging for us, and especially for her," said Melody's grandma, Ruth Walker. "She's missed out on so much."
Melody's mother was too upset to attend court on Wednesday. She stayed home with her 5-year-old son. A trial date has been set for early next year.