ingmar guandique always denied killing leavy. his attorney said he was convicted largely on the testimony of a key witness, a cellmate who said that ingmar guandique confessed to him. the defense called that misleading and should have been told the inmate was working with the prosecutors on other cases. late friday night prosecutors filed a motion saying they would no longer fight efforts for a new trial, but "the government continues to believe the jury's verdict was correct in is preparing for a retrial of the defendant." prosecutors also asked for a scheduling hearing in two weeks. they will tell the judge how much time they need to prepare for the retrial. roz plater, abc 7 news. leon: heartbreaking developments in charles county. the police are investigating the death of a three-year-old child. officers found a woman putting the child's body in a swing at willis memorial park in la plata this morning, apparently doing that for hours. the child did not have any obvious signs of trauma but the cause of death has yet to be dete

attorneys for ingmar guandique argue a key witness in the 2011 trial lied and state prosecutors have with drown their long standing opposition in i can't say i have total doubt. i will say it i am 100% sure that the right man is behind bars. >> reporter: the native was romantically linked with then congressman gary condit, ruled out as a suspect. but does the levy family have doubts about him? >> i am not able to answer that. i am sorry. >> reporter: chandra's body was found in a washington, d.c. park and the mother does not anticipate attending much of the ingmar guandique trial. >> i don't have my daughter is. >> the next hearing is scheduled for next week but partisans are trying to push that back. >>> -- but prosecutors are trying to push that back. >>> and a double shooting in the 2300 block of irving street had a man dead after being shot in the head and a woman is in serious condition after being shot in the abdomen. >>> and the patriots could be blocked in an overnight session on the hill. the main stumbling block is part of the house bill that would end the nsa bulk collecti

roz;: ingmar guandique is serving a 60 year sentence. the case gained national attention because leavy had been romantically linked to married u.s. congressman gary condit. leavy's remains were found in 2002 a year after she went missing. guandigue admitted attacking other women in the park but always denied killing leavy. a former cellmate said that he confessed. the attorney called the testimony misleading and said they should have been told the work -- the inmate was working with prosecutors on other cases. prosecutors said they would not fight the defense efforts for a new trial but "the government continues to believe the jury's verdict was correct and the government is preparing for a retrial of the sentence." roz plater, abc 7 news. kellye: prosecutors asked for a scheduling conference in two weeks. ♪ deidre & the dark - classic girl plays in the background ♪ a great entrance never goes out of style. dresesses start at $25. the eva mendes collection. exclusively at new york and company. kellye: fairfax county schools have a budget

kellye: friday, government attorneys withdrew their opposition to a new trial for ingmar guandique. avu went missing -- leavy went missing in may 2001. guandique was convicted after questionable testimony from a prison informant. more than 62% of voters in ireland said yes to allowing gays and lesbians to marry. same-sex marriage is now legal in 26 countries. police in missouri say they had no choice but to shoot a man suspected of a double homicide and kidnapping. the authorities say the man friend to shoot officers when they confronted him. he later died from his injuries. he was a letter for the killing of his ex-girlfriend and her teenage son. the police said that he cap the woman locked in a box for several months. hundreds of family and friends attended the memorial service for bb king in las vegas. the king casket was surrounded by flowers and two of his favorite guitars. most of his surviving children and 10 of his 35 grandchildren spoke. the music legend died last week at the age of 89. more fallout from a child molestation scandal surrounding one of reality's most well-know

ingmar guandique was found guilty in 2010. a cellmate said he admitted killing levy. investigators found information they say undercut that cellmate's credibility. >>> jesse matthew was in a fairfax courtroom today for a pretrial hearing in the 2005 attempted murder and sexual assault case. peggy fox reports it was not a good day for his defense team. >> reporter: i'm peggy fox at the fairfax county courthouse. during most criminal trials the victim is asked to pick out her attacker in court. jesse matthew's attorneys are trying to stop that from happening. matthew charged with capital murder in uva student hannah graham's killing will first be tried in fairfax on a 10-year- old sexual assault and attempted murder case. the young woman was walking home from this giant's on jermantown road near these townhouses on jock garden drive. prosecutors say matthew took -- on rock garden drive. prosecutors say matthew took her to this grassy area and she was attacked. she moved and will be flying in to testify. >> she is willing to cooperate and we're doing everything we can to

. >> reporter: it took almost a decade before police eventually arrested ingmar guandique. he was convicted of murdering levy in 2010 based largely on the testimony of one time cellmate armando morales who said guandique told him about murdering levy. guandique was sentenced to 60 years in prison. >> the government seems to people it's unable to get -- feel it's unable to get to the reliability of this guy. so rather than go to all the trouble of trying to ferret that out and investigate it further, they said let's just have a new retrial. >> reporter: there have been a series of hearings since the conviction. >> the length of these trials means the judicial system is indeed very careful and does give the defendant every benefit of the doubt and that's the way it should be. >> reporter: late today the u.s. attorney's office withdrew its objection to a new trial which is now likely to take place in. this statement the u.s. attorney indicated they still believe the original conviction of guandique back in 2010 was correct. in the district hank silverberg, wusa9. >> at this po