Louisville, Ky. (WHAS11) - For the first time, we're learning more about the prosecution's case against Cecil New.
They say five months after the murder, while in jail, Cecil New yelled a racial slur at a Metro Corrections officer. That officer says New pulled his privates out of his jumpsuit and stated "this is what I did to him," "this is what they like," and "I killed him with this."
The prosecution says this is part of the reason they believe the assault on Ivan Cano was sexually motivated.
In the summer of 2007 4-year-old Ivan Cano disappeared.
A Metro Corrections sanitation worker found his body days later in a trash can near his home close to Churchill Downs.
Prosecutors say when Cano was found he was still wearing a shirt but was naked from the waist down. They say, in court documents, that his shorts were shredded and found in a 12-pack beer box.
According those court documents, a sexual assault kit came back negative for the victim. Prosecutors argue that's because his body was badly decomposed.
The prosecution also plans to enter evidence concerning Cano's blood alcohol level.
The DNA evidence requested won't be ready in time for the Feb. 26th trial date. So New's trial date has been pushed back from Feb. 26th to October 15th of next year.
