A judge has declined to throw out murder charges against Scott Peterson in the deaths of his wife, Laci, and unborn son.
The defense sought the dismissal on grounds that prosecutors did not present enough evidence of a crime at a preliminary hearing in November.
The trial is scheduled for January 26th, but it could be postponed when it is moved out of Modesto, California.
The judge also has ordered a university professor who oversaw a student survey of potential jurors to appear in court Tuesday at a hearing to decide where the trial is moved. The survey has since come under fire after several students said they made up results.
Another judge cited the survey in ruling that the trial should be moved out of Modesto.