MACON, Georgia (41NBC/WMGT) - After a motions hearing for the murder case of Stephen McDaniel Monday, Superior Court Judge Howard Simms said he may delay the trial, again. The FBI is still analyzing evidence in the murder case.
McDaniel's attorneys filed a motion last Thursday, requesting the court exclude all evidence regarding McDaniel's virginity. According to the filing, during a conversation back in June 2011 District Attorney
Investigator James MacDonald asked McDaniel if he had a girlfriend. McDaniel said he did not, adding he was a Christian, that he was a virgin, and that he planned to remain a virgin until he married.
His defense thinks the state will speculate that McDaniel killed Giddings because of "his sexual desperation or some twisted sexual desire."
Judge Simms said that information could not be used by prosecutors because it isn't relevant.
Another motion filed last Friday, asked that the testimony and behavioral analysis from FBI agent Robert J. Morton be thrown out.
According to the motion, Morton's report was based on information from the crime scene,
Giddings' autopsy, and her lifestyle.
McDaniel's defense argued the report was based more on Morton's experience and not the facts in the case. Simms said he would only allow testimony from the FBI analyst if the defense makes it relevant and the state uses it as a rebuttal.
Judge Simms denied the defense's motion to dismiss information found on McDaniel's computer and digital storage devices, saying the warrant was good.
He didn't rule on the defense's motion to exclude hairs found inside a refrigerator in a vacant apartment belong Giddings' apartment. He's waiting on a report from the FBI.
McDaniel is accused of killing and dismembering Giddings in June 2011.
As of now, the trial is scheduled to begin February 3rd.