DNA tests may hold up convicted murderer Paul Fickling's plea for a new trial. The district attorney says he wants to test all old evidence before a hearing. But defense attorneys say the DA is trying to stall a process that has already spanned more than a decade.

Last month, convicted murderer Paul Fickling was moved from his cell in state prison, to a Special Management Unit in the Hampden County House of Corrections.

"He had more rights in state prison, than he has where he is being held presently at the Hampden County House of Corrections," says Defense Attorney Greg Schubert.

"They are complaining that he had more rights in state prison, and we have no objection to him going back," says District Attorney William Bennett.

Fickling was moved after the September confession of his uncle, convicted serial killer Alfred Gaynor. In an affidavit Gaynor says he, not Fickling, committed the murders of Amy Smith and her 22 month old daughter in Springfield in 1996. The defense has asked for a new trial several times over the last decade, and says the only reason the commonwealth wants to test DNA now is to keep Fickling confined.

"For ten years he didn't want to test anything, his office moved at every opportunity to block any movement," says Schubert. "The only purpose for DNA testing at this time is to keep Mr. Fickling in a Special Management Unit."

The defense only wants to test four items. A sock found in Amy Smith's mouth, a hair left on that sock, her bra and samples from her autopsy. But the defense says Gaynor's confession warrants a second look at all the evidence.

"We do want to test everything, if they have no objections besides those four items, we are ready to move forward," says Bennett.

The D.A. says it's vital to complete the DNA tests before a hearing on whether or not to give Fickling a new trial, but the defense attorney says he's willing to risk a hearing without DNA.

"The burden is on us, it's not on him," says Schubert. "We move at our own peril."

Another hearing was scheduled for next week to determine how long DNA tests would take.