FORT WAYNE, Ind. (WOWO): Both the prosecution and the defense are asking that an Allen County judge seal records relating to whether the Department of Child Services could have prevented the death of a 5-year-old boy.

A joint motion for a gag order argues that the release of those records could end up having a negative impact on the murder case against Daniel Pope, who is accused of beating Benjamyn Frederick to death last March.

Our Partners in News at ABC 21 report the records detail “overwhelming evidence” of severe child abuse, but specifically, the attorneys on both sides want to block any public records that detail whether child services knew about the abuse and if they did anything about it.

Pope’s trial was delayed last week after it was revealed prosecutors didn’t share all of their evidence with his defense attorney.