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Judge Postpones Ruling To Release Barahona Evidence

MIAMI - (CBS4) – The case of Carmen and Jorge Barahona, the South Florida parents who are facing the death penalty for their alleged roles in the beating and murder of their 10-year-old adopted daughter Nubia, is expected to draw a great deal of media attention.

On Wednesday, Jorge Barahona's attorney argued to seal all documents in their case file.

Public defender Edith Georgi said allowing media access may hurt her client.

"You have the power to restrict discovery or delay disclosure. You have the power to take control and prevent this from becoming a public trial," Georgi told the judge. "It will be next to impossible to select a jury and have a fair trial."

Lawyers for several media outlets, including CBS4, argued that many of the documents the defense hopes to seal have already been made public.

"Pre-trial publicity does not lead to an unfair trial," said Scott Ponce, who represented The Miami Herald.

Miami-Dade Circuit Court Judge Sarah Zabel said she would take ten days to review the documents. She's expected to make a final ruling on May 25th.

The Barahonas did not appear in court.

Carmen Barahona and her husband, Jorge, are charged with the first-degree murder of their daughter. Her body was found partially decomposed in a pickup truck on Valentine's Day. Her brother survived, but was badly burned with a toxic chemical.

Police said the Barahonas abused the twins for months and locked them in the bathroom.

They have pleaded not guilty.

Prosecutors said they will seek the death penalty.

(©2011 CBS Local Media, a division of CBS Radio Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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