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CENTENNIAL, Colo.—A judge has refused to dismiss the charges against an Aurora man accused of fatal child abuse against his missing daughter.

Attorneys for Aaron Thompson filed a motion to dismiss on Monday. The move came after prosecutors belatedly revealed last week they had located a car that witnesses said was used to transport the body of Thompson’s daughter Aarone (AIR’-uh-nay).

Arapahoe County District Judge Valeria Spencer called prosecutors’ actions a “miscarriage of justice” but said it can be undone.

A Colorado Bureau of Investigation agent testified Monday the agency decided against doing DNA tests on the car. She said that unless a substantial amount of blood were found, DNA testing wouldn’t show whether a body had been there.

Closing arguments are expected Tuesday.

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Information from: KMGH-TV,

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