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Published: July 31, 2009
TAMPA - Setting a trial date is proving elusive in the case of Eric James Tate, accused of raping and fatally injuring his girlfriend's 2-year-old daughter.
Prosecutors and defense attorneys said they would need more time when Circuit Judge Robert A. Foster tried to set the trial for October or November.
"It won't happen," said defense attorney Brian Gonzalez. He said the defense still needs to depose the state's medical experts: the medical examiner, two nurse-practitioners, three emergency room doctors and a DNA expert. He said that questioning is set to start in August.
Tate, 21, is charged with first-degree murder, aggravated child abuse and sexual battery in the Aug. 16, 2006, death of Heather Marie Romance of Orient Park.
Amy Romance took her daughter to St. Joseph's Hospital with severe head injuries. Authorities said Tate told her the child fell and hit her head.
She died the next day. Doctors said she had been raped and had bruises on her head, ears, back and under her chin.
Tate has pleaded not guilty and is being held without bail.
Foster set a progress hearing for Sept. 24.
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