Ogden • The trial for Eric Millerberg, accused in the 2011 death of his children's 16-year-old babysitter, has been postponed until next year.
Millerberg, 37, of North Ogden, is charged with first-degree felony child abuse homicide in the September 2011 death of Alexis "Lexi" Rasmussen.
On Tuesday, Millerberg's attorney, Randall Marshall, said new evidence, in the form of hair follicle tests in the possession of the Division of Child and Family Services, will not be available in time for a trial scheduled in July.
Marshall said outside of court the tests were done on Millerberg but could also include other people.
Deputy Weber County Attorney Christopher Shaw said prosecutors agreed the trial should be delayed in order to give Millerberg's attorneys time to sort through the new information and determine if any of it will be relevant at trial.
"I'm not happy about it," Shaw told 2nd District Judge Scott Hadley. "But I don't see any other way to handle it. Mr. Millerberg deserves a fair trial."
Jury selection for Millerberg's trial was set to begin on July 23. Instead, Hadley set a new trial date for Feb. 10.
Millerberg also is charged with felony counts of obstructing justice, desecrating a body and having unlawful sexual activity with a minor.
Millerberg's wife, Dea Millerberg, 39, is charged with desecration of a human body related to the girl's death.
Her case has been trailing her husband's, and no trial date has been set.
Dea Millerberg testified last April at her husband's preliminary hearing that he injected a fatal mix of heroin and methamphetamine into the teen and that the couple, in a panic, then dumped the girl's body in a remote part of Morgan County.