NEW YORK (CBSNewYork) — A mother’s fight for justice has entered a new chapter.

It’s been nearly three years since her 6-year-old son was murdered, and his accused killer has yet to stand trial.

As CBS2’s Raegan Medgie reported, the walk into the supreme court in Brooklyn is one that the families of P.J. Avitto and Mikayla Capers have done several times before.

The kids were in an elevator in June of 2014, with a man who severely stabbed them with a kitchen knife.

At the time Mikayla was 7-years-old — she recovered, but 6-year-old P.J. did not.

“It’s been three years I’ve been holding and hoping and praying and wishing we come in here one of these times and a trial date is set. We haven’t gotten a trial date set in three years almost,” Erica McClinton said.

On Friday afternoon, the alleged killer Daniel St. Hubert went in front of a judge who decided to adjourn the hearing for a later date.

St. Hubert’s attorney needed more time with his client to determine if he accepts the psychiatrist’s decision that St. Hubert is mentally fit to stand trial.

“We’re going to see how Mr. St. Hubert is feeling and we will report back to the court,” John Burke said.

The crime happened in the summer of 2014.

In November of 2015, St. Hubert was found unfit to stand trial — in March, that changed.

Four months later he was once again determined unfit, until Friday, when he stood before a judge.

A former federal prosecutor called the delay in bringing the case to trial ‘unconscionable’ and said it shouldn’t be taking this long to prosecute, and that the victims have a right for closure — which is what they want.

St. Hubert is scheduled to be back in court March 24, a day the family hopes a trial day will be set.



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