The presiding judge in the Nidal Hasan trial ruled Thursday that witness testimony about a pregnant soldier killed during the 2009 Fort Hood shooting will be allowed.

At a hearing in 2010, a soldier who witnesses the attack testified that Pvt. Francheska Velez told him she was pregnant as shooting began. Several witnesses have testified that Velez was crying out “My baby!” when she was shot. Velez and her child were killed.

Hasan is set to enter a plea Tuesday, one week before jury selection in his murder trial is to begin. He faces the death penalty, which under military law means he must plead not guilty. He faces 13 counts of premeditated murder and 32 counts of attempted premeditated murder.