Prosecutor Andy Miller said a state forensic scientist can test DNA samples collected after the June death of a Richland baby now that the defense has an expert on board.
We want to try to get that done, Miller said in the case of Jose Luis Aguilar.
Aguilar, 36, is charged with raping and killing Serenity Jade Reedy.
The 9-month-old girl was found dead in her crib with a fractured skull and injuries to her vaginal area, according to court documents.
An autopsy found she died from abusive head trauma.
Aguilar was the live-in boyfriend of the babys mother.
In September, Miller argued that the Washington State Patrol Crime Lab has been waiting two months to do the tests, but was delayed because Aguilars lawyer hadnt hired an expert.
Prosecutors wanted to give lawyer Shelley Ajax the option to have someone witness the analysis because all of the DNA is expected to be used up in the testing.
The DNA is on swabs that were taken from Serenitys body, as well as a beer bottle and a piece of hair that was found on the bottle.
The forensic scientist also will be checking swabs from Aguilar taken after his arrest.
Miller asked for another hearing next Wednesday to confirm that everything is in order and the testing has been done, or is at least scheduled.
Aguilars trial is set Nov. 4.
Ajax said she is working on a scheduling order in the case so they can have a more realistic trial date.
At the time of his arrest, Aguilar was a Level 1 sex offender, meaning he was considered the least likely to re-offend.
He has a 1998 conviction for having sex with a 15-year-old girl in Kansas, Capt. Mike Cobb told the Herald.
The degree of Aguilars rape conviction is unclear.
He also has at least two Benton County convictions for failing to register as a sex offender.
Cobb said it does not appear that Aguilar has any other violent crimes or sex crimes on his record.
-- Kristin M. Kraemer: 582-1531; email@example.com; Twitter: @KristinMKraemer