ABERDEEN, S.D. (AP) — A judge is allowing a bag of bloody clothes as evidence during the trial of an Aberdeen murder suspect but is still deciding on other evidence that might suggest another person was responsible.

The American News reports attorneys for 34-year-old John Hemminger argued that police took the clothes without first obtaining a search warrant.

Prosecutors maintained authorities had probable cause to take the clothes, and Judge Scott Myren sided with them.

Hemminger is accused in the death of 26-year-old Jessica Goebel, who died after being stabbed in January 2015. He's to stand trial next month for murder.

The defense wants to introduce evidence suggesting another man killed Goebel, but prosecutors say they have evidence that puts that person three hours away from Aberdeen at the time of the killing.

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