(CBS/AP)Lawyers for the stepfather of an 11-year-old girl tried to convince Massachusetts' highest court on Tuesday that he should have a say on whether his stepdaughter is removed from life support. If the girl dies, Jason Strickland could face a murder charge for illegally taking part in the beating that left her comatose . Jason Strickland is asking the court to overturn a juvenile  court judge's decision allowing the state to remove Haleigh Poutre from her ventilator   and feeding tube. Haleigh Poutre was hospitalized in September after her stepfather and adoptive mother kicked her and beat her nearly to death with a baseball bat. Within two weeks of being charged, the adoptive mother, who was also Haleigh's aunt, was found dead. Strickland is free on bail  while awaiting trial. Sharyn Alfonsi from CBS reports that the girl's biological mother, Allison Avrett, gave up her parental right years ago and now she has no say in what happens to Halleigh--but she wants life support to be relieved. "I want her to rest," Avrett told Alfonsi."Being kept alive like that, it's not a life." The state Department of Social Services wants to remove her from life support, according to opinions from her doctors that the girl is in a permanent vegetative  state.And Strickland could face a murder charge if she dies. Both of Haleigh's doctors agree that she should be removed from the ventilator, but they can't decide whether her feeding tube should be disconnected.They have said that with her feeding tube alone, Haleigh could live as long as two months. Haleigh was adopted by her aunt about five years ago her biological mother moved to Virginia with a new boyfriend.Jason Strickland never formally adopted the girl, but is arguing that as the stepfather, he should be a _ parent and allowed to have a say in whether she lives or dies. CBS/AP are most probably   _  .
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