Prosecutors have 60 days to decide about Bustamante's property

Alyssa Bustamante mug shot

Update: Thursday, Dec. 2 at 3:32 p.m.

Prosecuting attorneys and defense attorney met for a 10 minute status hearing in the Alyssa Bustamante murder case Thursday afternoon.

Bustamante, 16, is charged with the first degree murder of her 9-year-old neighbor Elizabeth Olten.

Bustamante TMs attorneys were in court to ask for the release of some of Bustamante TMs clothes and greeting cards that prosecutors are holding as evidence.

Bustamante TMs attorneys said Christmas cards and birthday cards that contained correspondence with her father are unrelated to the case. Attorneys continued to say that some items of her clothing are also not relevant to the case.

Cole County Prosecutor Mark Richardson has 60 days to decide if the cards and clothes are relevant. If Richardson decides yes, then any evidence found would have to be shared with the defense attorneys.

Attorneys met with Cole County Judge Pat Joyce behind closed doors to set the date for the next hearing.

Elizabeth Olten TMs family members were in the court room and wore t-shirts with Elizabeth TMs picture in her memory.

The next hearing is set for Feb. 17 at 1:30 p.m.

Original Story:

In a hearing Thursday afternoon, defense attourneys are expected to ask a judge to reconsider the release of Alyssa Bustamante's personal property not held for evidence at her trial.

Bustamante is charged as an adult with first degree murder in the death of 9-year-old Elizabeth Olten

Thursday's hearing in Cole County is a counsel status hearing, and Bustamate will not be there.

The hearing involves Judge Pat Joyce, the Cole County Prosecutor's Office and the defense attorneys.

Bustamante's trial is set to start in May 2011.