Cecil New's trial is scheduled for February 26. His defense attorneys entered several motions that could be game changers. One is a request for the DNA of an initial suspect. The defense argues that person wasn't properly investigated.
New is accused of killing 4-year-old Ivan Cano back in July 2007.
It's been about two and a half years since police detectives found the little body of 4-year-old Ivan Cano in the back of a garbage truck. Police nabbed Cecil New for the murder but just two months before his trial starts, the defense has entered four motions which could change everything.
"That includes a change of venue motion for Mr. New," said New's attorney Jay Lambert.
They're also requesting DNA be taken from another man who lived near Ivan Cano. According to the motion filed, that neighbor disappeared from his job at Churchill Downs after police found Cano's body. When asked why, his statements to police contradicted each other and he said, he "must've snapped or something, for whatever reason."
Chris 2x spoke with Rosa Cano, Ivan's mother, and she says she's not buying the defenses' argument to check someone else's DNA.
"She's not interested in any other so-called named suspects in this case if it's not coming from LMPD homicide," said Chris 2X with the "Fight Crimes Against children" organization.
The defense also says the media storm surrounding the case should lend itself to a change of venue. Rosa Cano says, she's prepared for that.
"She wants this case to be tried in Jefferson County. But she has full confidence in the Commonwealth's Attorney's Office that they could prosecute this case in any part of Kentucky," said Chris 2X.
And finally, the defense wants to suppress eyewitness testimony for the prosecution.
But for Ivan's mother, who moved away from Louisville because it was too painful to be here, she's ready to come back for justice.
"She's looking forward to seeking justice for her four year old son. But she's a realist. She understands it's going to be another painful moment in her life," said Chris 2X.
The defense also wants to challenge the testimony of LMPD Detective Tony Finch. Finch is facing over 100 charges for an unrelated incident. One of those charges is perjury. The defense wants to know if Finch was offered a deal in exchange for his testimony.
The prosecution also entered several motions, including one requesting a deadline for entering motions.
A series of hearings for each of these motions will begin January 4th.
The trial is scheduled to begin Feb. 26th.
