No criminal action will be taken against the Administration for Children's Services in the death of a 4-year-old girl who was found starved, beaten and drugged two years ago, the Brooklyn District Attorney said Tuesday.

Brooklyn District Attorney Charles Hynes had empaneled a grand jury to determine whether systemic failures within the agency lead to the death of Marchella Brett-Pierce, who weighed 18 pounds at the time of her death in September 2010 and whose family was being monitored by ACS.

Her mother is facing murder charges.   

“That grand jury is now considering what action to take action,” Hynes said. “It's not going to take criminal action but it may very well produce a grand jury report.”

Two caseworkers are facing criminally negligent homicide charges in the case. Both are expected to go to trial later this year.

The trial for the child's mother and grandmother began Monday. Both have pleaded not guilty.

On Tuesday, jurors saw a series of crime scene photos depicting the bed, roped tied to the bed that prosecutors say was used to tie the girl down. Photos of the dead girl show black-and-blue bruises on her face, arms, and back. Practically every rib was visible through her skin.

With the Associated Press