The second-degree murder trial of former sportscaster Vince Marinello has been delayed until Sept. 15 by Judge Conn Regan.

WWL-TV

Vince Marinello.

Regan said it would be a mistake to let the trial proceed as scheduled because the defense only received a DNA report on April 28.   

Defense attorneys successfully argued that prosecutors didn’t turn over a DNA report soon enough. Marinello was set to stand trial this coming Monday for the murder of his estranged wife, Liz Marinello.

It was the latest legal maneuver victory for Marinello's defense team. Recently he was granted a change of venue for the trial, moving it Lafayette, La., successfully arguing that pre-trial publicity had been too great.

A landmark U.S. Supreme Court ruling in a local murder trial of Curtis Kyles helped Marinello’s defense, as prosecutors are not only required to turn evidence that could help the defense but they have to try and find it.

“They didn't come into possession of it themselves until rather recently,” Mike Fawler, who defended Kyles, said, “which is no excuse. They should've come into possession of it.”

"The Supreme Court said in categorical terms,” Fawler said, “that you better turn this stuff over, but not only that you better turn this stuff over, but you have an obligation to make sure that all the agencies that might have this information, that you search out and find that information."

In the Marinello case, Jefferson Parish prosecutors argued that they only found out about the DNA report on April 28, and gave it to defense attorneys within hours.

"I would think that a prosecutor would know that there was DNA material that was being examined,” Fawler said. “Well, if it's being examined, at what point to do you not say, well, where's the report?”

Marinello is accused of lying in wait for his wife while dressed in a disguise and then shooting her as she came down to a Metairie parking lot. He's alleged to have ridden off in the bike.

Attorneys argued that the report shows that Marinello's genetic material could not be found on the bike that investigators believe Marinello rode to a parking lot off Metairie Road, where he allegedly shot his estranged wife Liz.

But defense lawyers want more time to have a Texas scientist to examine the report before beginning the trial.

This latest delay pushes the trial past the two year anniversary of Liz Marinello’s murder.