A former Rapid City man accused of giving his pregnant girlfriend herbs to induce an abortion will stand trial in September.

Alfredo Vargas, 36, was first charged with attempted fetal homicide in 2011 as the girlfriend delivered a healthy baby.

The defense challenged the prosecution's expert witnesses and the case was dismissed. New charges were filed, however, and Vargas was re-indicted last fall. He is currently free on bond and living in Glendive, Mont. He appeared via telephone for Tuesday's hearing.

Vargas' attorney, Jamy Patterson, has challenged the chain of custody of the state's evidence, specifically cups containing the compounds in question. Patterson questions the source of the cups and how they were transported to the state laboratory for testing.

Kern scheduled a chain of custody hearing and set the trial for Sept. 18-20.

 

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