Charles Copass, 34, the man accused of murdering a Scottsville woman and her unborn baby, was in court Friday morning.
Several motions were heard before the judge, including whether Copass could get the death penalty.
The family of Chelsea Mahaney, 22, watched as Charles Copass entered the court room.
One topic on the table today was whether the death penalty would be an option.
"We looked at the charges with consulted with the family, and I don't know if the ultimate decision will be on the family," said Allen County Commonwealth Attorney, Clint Willis.
Copass' attorney argued the prosecution did not meet an earlier deadline to have the death penalty as an option.
"We had to file a notification early on. That's what we did. If the lay of the land changes later on it would give the option out there. If we didn't file the notice it wouldn't even be available," Willis says.
"The motion to exclude death as an option has been withdrawn by the defendant," said Judge Janet Crocker in court.
In a July 26th interview with the victim's grandmother, she told WBKO she did not want Copass to get the death penalty.
"I don't want him to ever get probation. I want him to be put in prison, and they'll punish him," said Diane Mahaney.
The prosecution also requested pictures of Mahaney's body in Copass's house should be admitted into evidence.
The judge is delaying her decision on that request, allowing the defense time to gather more information.
Also discussed, at the prosecution's request, the judge told the defense it could not admit any evidence, "collected by any person , anywhere, any time."
A pre-trial hearing is set for January 15th, but Mahaney's grandmother is worried she won't see where the end of this.
"I just want to see him punished before I do die," Mahaney said.
Any further motions pertaining to this case need to be filed by December 15th.