LA CROSSE, Wis. -

The defense for the man charged with killing a father and son at their downtown La Crosse photo shop has withdrawn its motion to throw out the case.

40 year old Jeffrey Lepsch is charged with killing Paul and A.J. Petras inside May's Photo last fall.

Last month, the defense said police mishandled evidence and the case should be dismissed. That was officially withdrawn at a motion hearing Friday.

During that hearing, both sides agreed to allow the jury to hear details about a prior theft conviction as the prosecution wants to show Lepsch had financial need as a motive. They will also have a questionnaire for potential jurors.

The trial is scheduled to begin at the end of next month.