A soda can will remain a part of the evidence in a Rapid City fetal homicide trial.
36-year-old Alfredo Vargas is charged with attempted fetal homicide for an incident that allegedly happened in 2010.
On Friday, Seventh Circuit Judge Janine Kern ruled against a defense claim about mishandled evidence, specifically lab work on a soda can.
After hearing testimony from police officers and chemists, she decided to maintain the evidence for trial. State prosecutors allege that Aargas tried to make his ex–girlfriend have a miscarriage by spiking her soda with labor inducing herbs.
The trial is set for September 18th.