The district attorney's office will be permitted to continue to pursue the death penalty in the case of a 22-year-old Butler man accused of raping a 4-year-old boy, who later died.

County Judge Timothy McCune responded to several requests earlier this month made by Keith Jordan Lambing's defense team.

In preparation for a criminal trial, public defender Charles Nedz asked McCune for several actions, including the removal of Lambing's most serious charge of criminal homicide along with the state's desire to seek to execute Lambing. Lambing maintains his innocence.

Lambing is facing multiple charges, including first-degree homicide, involuntary deviate sexual intercourse with serious bodily injury, and rape of a child.

If a jury finds Lambing guilty, a separate sentencing phase will begin for the death penalty. Gov. Tom Wolf put a halt to the state's execution of all death row inmates in 2015.

The judge's order also denies Nedz's motion to remove an interview police conducted with Lambing after Bentley Thomas Miller died from internal injuries in March 2017.

“We want to talk about the demise of Bentley,” Detective David Fish is heard saying in the recording to a distraught Lambing, who was brought into the Butler Township police department on March 21, 2017, for questioning.

The boy died earlier that day from what officials would later determine to be injuries from a sexual assault.

“I would just like to shed some light on this situation,” Lambing said in the video. “Those charges, I didn't do that. I loved that kid.”

Nedz wanted the suppression of this recording and a second one, arguing that Lambing's request for a lawyer was ignored and his Miranda rights were violated. McCune decided that no such violation took place.

After the order, Nedz said that he will not contest McCune's orders.

“We respect the court's decision,” he said.

But there are still a few pending issues. Nedz argued that Lambing's trial should take place outside of the county or that jurors should be selected from a pool of non-county residents. McCune has yet to make a decision.

Additionally, a question regarding the boy's body is still unanswered. After an autopsy was complete, the state released Miller's body to the family, who cremated the boy's remains.

“Those (human) remains weren't available to the defense, putting the defense at a significant disadvantage,” Nedz said during a hearing in March.

Lambing is due back in court June 10 for a status conference. In the meantime, he continues to be held in Butler County Prison, where he was placed on March 22, 2017.