Boie (670 KBOI News) – The trial for Timmy Kinner, the man accused of killing one little girl, and stabbing eight others at a West Boise birthday party in June, will be pushed back nearly a month.

According to the Idaho Statesman, Kinner trial was to have started January 3rd, but today the judge order the trial back to January 31st.

Thursday, his defense filed a motion to have the trial vacated, saying they didn’t have enough time to prepare a death penalty defense…the prosecutor’s office announced they do plan to seek the death penalty.

According to psychologists, there are questions about Kinner’s mental competency to stand trial.

He’s accused of stabbing a three-year old girl to death at her birthday party, then stabbing eight more people, at an apartment complex off State Street, on June 30th.