PRESTONSBURG, Ky. (WMDJ) — Attorneys for Wesley Martin are asking a Floyd Circuit Court judge to block prosecutors from introducing evidence of alleged prior acts at his upcoming murder trial.

In a motion filed Wednesday, defense attorney Ned Pillersdorf argues prosecutors waited more than six years and, until about 12 days before trial to notify the defense they intended to introduce testimony from two witnesses under Kentucky Rule of Evidence 404(b). He argues the late notice leaves the defense little time to investigate the allegations or interview witnesses.

The motion also renews Martin's claim that DNA evidence supports his innocence, arguing testing excluded Martin as the source of hair recovered near the victim and instead identified an unknown Caucasian male.

A judge has not yet ruled on the motion. Martin's trial is scheduled to begin Aug. 3.

For previous coverage of what the prosecution recently files, you can click here.