FORT WAYNE, Ind. (WOWO): A Fort Wayne man’s murder trial was postponed Thursday after the Allen County Prosecutor’s Office was slow to share evidence with the man’s attorney.

29-year-old Daniel Pope is accused of murder and aggravated battery in the death of 5-year-old Benjamyn Otto McKinley Frederick last March.

The Journal Gazette reports his attorney asked the judge to consider throwing the case out Thursday, saying he learned Tuesday of new evidence that had not been shared with him before trial, such as crime scene sketches, photos, and cellphone video.

Prosecutors are required to share any evidence they have with defense attorneys before a trial begins during the “discovery” court process.

The judge postponed the trial, with a hearing set for February 7th to discuss a new trial date.