There's a possibility Jason Birdno could face a jury in the fresh weeks of the new year.
The Monroe City man was in court in Audrain County Nov. 5 for trial setting, but instead of setting a date, motions were heard.
According to court records, a motion was granted by Judge Keith Sutherland requiring Birdno to submit DNA via buccal swab at the Monroe County Jail. Birdno is charged with five counts of first degree statutory sodomy with a minor girl under the age of 14.
Charge dates range between 2006 and 2011.
"They'll be setting for trial sometime in January," Audrain County Circuit Court Penny Creed-Craighead said Friday afternoon. "We're going to have a new judge in January."
Sutherland will be retiring at the end of this year and he'll be replaced by Judge Wes Dalton of Warrenton.
There are currently no court hearings scheduled in the Birdno case. Creed-Craighead said unless motions or a plea deal is brought to the judge, Birdno or the attorneys in the case are not expected in court until after the first of the year.
Monroe County Prosecutor Talley Kendrick and an attorney from the Missouri Attorney General's Office are trying the case. Birdno is represented by Public Defender David Clayton.
Kendrick and Clayton were not available for comment on Friday, Nov. 9.

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