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

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

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

Authorities allege Damm, 60, hired fellow Waterloo 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.

The defense argued that admitting the evidence showed a lack of foundation and also was hearsay.

Court documents show that on Oct. 11, 2006, Hill's mother, Leneaka Johnson, also of Waterloo, questioned her daughter about being seen with Damm.

Hill produced a paper towel that she said had Damm's semen on it. Johnson put the paper towel in a grocery bag and within 15 minutes had delivered it to police for examination.

Hill later said that Damm's semen was on the paper towel because she had used it to wipe off her hands after she had performed a sex act on Damm.

The defense said the statements are "the only thing" authenticating the paper towel. Attorneys said Hill could have picked up any paper towel in Damm's auto shop.

Additionally, the defense told the court that Damm has had a vasectomy, which means he can produce no sperm cells. In typical investigations, the defense said, the DNA is derived from sperm cells. They said the DNA could have come from "sluffed off skin cells."

Prosecutors previously had told the court the paper towel proved Damm knew he was going to be investigated for sexual assault, and that was his motive for hiring Burt to kill her.

The defense argued that the state could establish the same motive by bringing in police officers who would say sexual assault was taking place.

Kelly said circumstantial evidence was enough that the jury could hear testimony regarding the paper towel.