Douglas County District Judge Richard Caschette has denied prosecutors requests for postponement of Edward Montour’s trial.
Montour is accused of beating to death prison guard Eric Autobee 12 years ago.
He’s pleaded not guilty by reason of insanity.
But questions have arisen about the crime that originally put Montour behind bars for life in 1997.
Montour was convicted of killing his 11-week-old daughter.
But on Tuesday a coroner changed the nature of the girl’s death from homicide to unknown.
Prosecutors have asked for more time to respond to defense witnesses that the girl had an undiagnosed bone disease and that Montour shouldn’t have been in prison in the first place.
On Wednesday, the judge also rejected a request from Autobee's father to tell jurors that Montour should not be put to death.
Bob Autobee has been protesting the death penalty trial outside the courthouse.
Meanwhile jury selection continues in the case.