Wyoming County District Attorney Gerald Stout said he will announce at 1 p.m. April 8 whether he plans to seek the death penalty against Angel Colon.
Colon is accused of killing Samantha Zaldivar, 7, of Hermitage. The announcement has been delayed twice by Colon's attorneys, who wanted time to consider evidence and to submit additional information to Stout.
Colon is being held without bail for the Feb. 25, 1997, sexual mutilation and suffocation of Samantha, his fiancee's daughter.
Colon was living with Samantha, her mother Rachel Stra, and the couple's two younger daughters at the time.