GERING, Neb. (AP) — A man facing trial for the death of a 2-year-old girl is asking a judge to quash the original indictment against him.

A lawyer for 28-year-old Dustin Chauncey filed motions to withdraw Chauncey’s not guilty plea and to quash the indictment against him.

A motion to quash argues that errors by a judge or prosecutor should void the charges against a defendant.

Chauncey is set to go to trial in late October on a charge of intentional child abuse resulting in the death of Juliette Geurts in July 2008. Chauncey was the boyfriend of the girl’s mother, Charyse Geurts, at the time of the girl’s death.