Courtesy Michelle Carter/Facebook; Courtesy Conrad Roy/Facebook
August 31, 2015 11:30 PM

In the weeks leading up to Conrad Roy III’s suicide, Michelle Carter told him not to do it, says her attorney. But last week, in a court hearing, her attorney said Roy “brainwashed” her into eventually accepting his plan.

“She says, ‘Okay, if you’re going to do it, good luck and look down from Heaven upon me,’ ” Carter’s defense attorney Joseph P. Cataldo tells PEOPLE. “She didn’t want him to do it at first. It was only upon his repeated statements and telling her, ‘I want to do this,’ that she then endorsed his idea.”

Carter, now 18, was charged with involuntary manslaughter after Roy, 18, committed suicide in a Fairhaven, Massachusetts, store parking lot in 2014. At the time, the Bristol District Attorney’s office released a statement stating, “Instead of attempting to assist him or notify his family or school officials, Ms. Carter is alleged to have strongly influenced his decision to take his own life, encouraged him to commit suicide and guided him in his engagement of activities which led to his death.”

But her attorney argues there is no evidence that Carter caused Roy’s death. “Suicide is personal. Nobody can get you to kill yourself if you don’t want to kill yourself,” Cataldo says.

In fact, says her attorney, there were two instances that Roy allegedly sent her texts, asking her to die with him.

“He actually said to her, in a text message, ‘Let’s do a Romeo and Juliet,’ ” Cataldo says. She replied, ” ‘We’re not going to end up dead.’ After that, he again asked her, ‘Will you do this with me?’ And she said, ‘No, I want to live.’ He tried on two occasions to get her to kill herself with him and she rejected that.”

Last week, Cataldo filed a motion to dismiss the case. The judge plans to return a decision on Oct. 2.

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