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Lexington, S.C. (WACH) - Kenneth Lynch faced a judge for the first time this week since he was arrested in July of 2006.

Lynch is accused of killing 54-year-old Portia Washington and her 8-year-old granddaughter Angelica Livingston.  Prosecutors are seeking the death penalty, even though the bodies were never found.

Washington and Livingston were last seen alive June 10th 2006, weeks later police arrested Lynch on the other side of the country trying to cross into Canada.  Investigators say Lynch ditched Washington’s car in Seattle.

Attorneys from both sides argued Tuesday about what should be allowed in the trial.

"They are seeking to take the life of my client, and they use their resources to take one of my elements of defense away from us,” Bill McGuire said about his client Lynch.

"I don't know why we keep delaying," said 11th Circuit Solicitor Donnie Myers.  “When we can we go on with the case?”

Investigators say Lynch hasn’t been very helpful since he was charged with the murders in 2008. 

He could face the death penalty if convicted. 

There is a gag order in the case.