Neil Entwistle denies two counts of first-degree murder
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The lawyer for a British man accused of killing his American wife and baby has asked the US judge to dismiss the case.
Prosecutors had relied on "unreliable" DNA test results to link Neil Entwistle to the deaths, Elliott Weinstein said.
Mr Weinstein told the court in Massachusetts that this violated his client's right to a fair trial.
Mr Entwistle denies fatally shooting his wife Rachel, 27, and their nine-month-old daughter, Lillian Rose, in January.
Mr Weinstein said he also opposed a request by the District Attorney's office to take a new DNA sample from the inside of Mr Entwistle's cheek.
Prosecutor Michael Fabbri told the judge the genetic material it had previously based its evidence on had been taken from a water bottle left in a car the unemployed IT worker had used to drive to the airport after the deaths of his wife and daughter.
Sample needed
Mr Fabbri said a sample needed to be taken directly from the 27-year-old as the burden of proof at trial is greater than that required to obtain an arrest warrant.
Mr Entwistle is alleged to have committed the murders at their home in Hopkinton, Massachusetts, before flying to the UK.
He was arrested on 9 February and agreed to be extradited to the US.
A police affidavit alleges that his DNA was found on a .22 calibre revolver which he is accused of committing the killings with.
Mr Entwistle, who also denies illegally possessing a firearm and ammunition, is expected to face trial in April next year.
Large debts
According to court papers, prosecutors believe he had run up debts of tens of thousands of dollars.
He also allegedly searched the internet days before the shootings for information on how to kill people and commit suicide.
The defence has claimed Mr Entwistle cannot get a fair trial in the US because of the media interest surrounding the case.
If found guilty of first-degree murder he would be sentenced to life in jail.
Rachel's mother and stepfather, Joseph and Priscilla Matterazzo, are expected to attend the pre-trial hearing at Middlesex Superior Court.
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