NEW MEXICO (KRQE) – A man accused of a double murder was scheduled to be back before a judge Tuesday to ask for the charges against him to be dismissed. However, the hearing had to be reset once again.

Dakota Briscoe is accused of killing two Albuquerque men in 2020 and torching their bodies inside of a car. His attorneys argue the state has violated his right to a speedy trial and he has been in custody since his arrest two years ago.

The state argues the delay is due to a pandemic-related backlog of cases at the Office of the Medical Investigator. A similar hearing was scheduled in October, but it was revealed that Briscoe was not communicating with his attorney. At Tuesday’s hearing, his attorney said she had heard from him, but there were still issues.

Judge Clara Moran said because they were unsure if he planned to be there this time, they couldn’t proceed without him.