BUTLER (KDKA) — It was March 21 when Butler was shaken by the murder of 4-year-old Bentley Miller.

Keith Lambing, 20, charged in Miller’s death, was in court Thursday for his preliminary hearing.

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That morning in March, Lambing was watching Bentley, who is his girlfriend’s son.

The couple had been staying at the Super 8 Motel. Investigators say Lambing was alone with the boy, who had been burned, bruised and sodomized.

A pathologist testified some of the injuries were 72 hours old, but the cause of death, the rape, happened that morning.

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That’s the charge Lambing’s attorney, Frank Walker, wanted dismissed.

Brenda Waters: Why didn’t you think they were able to prove rape of a child?
Frank Walker: They didn’t establish that. I didn’t hear anything that established definitively whether or not he is the person that raped the child. The fact that he was a person in the room, no other investigation as to who else was in the room at that time. That’s a problem.

Butler County District Attorney Richard Goldinger was also in the courtroom.

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Brenda Waters: Are you still considering the death penalty?
Richard Goldinger: I think at this point, yes, we are prepared to say that we will be filing soon before the time frame expires.”