Michael Hernandez is charged with first-degree murder in the death Feb. 3 of Jamie Gough, 14, at Southwood Middle School in south Miami-Dade County.
Hernandez' attorney, Richard Rosenbaum, moved for dismissal on grounds that the prosecution was not handing over evidence quickly enough, The Miami Herald reported Tuesday.
Rosenbaum also told Circuit Judge Henry Leyte-Vidal he would like to see the entire process accelerated.
"I want to try this case before he gets too old. I don't want him to be 20 years old and six feet tall in front of the jury," Rosenbaum said.
The judge cautioned Rosenbaum in court Monday that murder trials take a little longer than other cases, and he was not likely to get all the evidence until November when all the police reports and lab work will be available.
Millions of Getty images now available for free via embed tool
NBC reportedly holds celebs hostage to Jimmy Fallon's show