GALENA, Ill. - A paper towel smeared with what prosecutors say is David Damm's semen still will be allowed as evidence in his homicide trial.

After hearing new arguments from the defense this afternoon, Jo Daviess County Judge William Kelly "reaffirmed" his previous ruling to allow the DNA in court.

This was the last hearing scheduled before Damm's trial begins with jury selection on Sept. 12.

Authorities allege Damm, 60, hired fellow Waterloo, Iowa, resident Bruce Burt, 58, to kill 13-year-old Donnisha Hill to prevent her testimony against Damm in a sexual assault case. Jo Davies County Sheriff officials discovered Hill's body in rural Hanover on Oct. 28, 2006, a day after her family reported her missing.

During the hearing, the defense said that admitting the evidence showed a lack of foundation and also was hearsay.