Prosecutors Monday sought hair and blood samples from Angel Colon, who is awaiting trial for the murder of Samantha Zaldivar, the 7-year-old daughter of his girlfriend.
Colon's lawyers are fighting the request, saying the samples would prove nothing since Colon lived with Samantha and her mother at the time Samantha was killed.
Colon has been held without bail since pleading innocent last month to a 19-count indictment charging him in the girl's death.
Prosecutors say Colon forced sex on Samantha before killing her and burying her body in a cornfield near the trailer home where they lived in the Wyoming County town of Hermitage. Samantha was reported missing Feb. 26 after she failed to show up at her bus stop. A farmer on his plow unearthed her body three months later.
Wyoming County Court Judge Mark Dadd is expected to rule on the prosecution's request for evidence within a few weeks.