ALBEMARLE COUNTY, Va. (WVIR) - Jesse Matthew's defense team is officially asking for a new judge to deal with search warrant challenges in the capital murder case.

The separate judge is needed due to current Judge Cheryl Higgins involvement in the case. Higgins signed off on a number of search warrants after Hannah Graham's disappearance and death.

Matthew is accused of abducting Graham from Charlottesville's Downtown Mall in September 2014 and killing her. Her body was found in a wooded area off of Old Lynchburg Road in southern Albemarle County. Matthew I facing a capital murder charge, meaning he could face the death penalty.

The prosecution is not objecting to the defense's request.

A deadline to file additional motions ahead of a September 30 hearing is Wednesday.

Judge Higgins has set a trial date for July 5, 2016, through the 29th. The court is making preparations for a jury trial.