Louisville, Ky. (WHAS11) - New details have been released in the Cecil New murder trial.
Prosecutors say Ivan Cano's body was found naked from the waist down with a blood alcohol level of .214, which is two and half times the legal limit for driving.
Cecil New is accused of kidnapping and killing 4-year-old Ivan in July 2007.
On Monday both the defense and prosecution argued over evidence.
Lawyers say a hair, similar to the suspect's, was found on the victim's shirt along with plastic bags found at the scene.
Attorneys say more testing needs to be done at a forensic lab.
New is not charged with a sexual offense but prosecutors say they want to argue a possible sexual motive in front of a jury during the October trial.
"To bring in this idea of an uncharged sexual assault could not possibly be more prejudicial to the defendant," says public defender Misty Clark.
New's attorneys are asking for his trial to be moved to another city but that is yet to be decided.
This case will be back in court on January 15th.
