Leila Fowler's brother has been in custody since he was 12. The boy claimed an intruder killed his sister in the family's Valley Springs home in April of 2013.
Investigators said they found no evidence of an intruder and prosecutors charged the boy with murder.
Defense Attorney Steven Plesser says new evidence has been found to support the boy's story.
"An unknown male's DNA was found on the body of the deceased underneath her clothing, something that definitely should not be on the body of an 8 year old young girl."(:08) Plesser says besides the DNA evidence, there are problems with the alleged murder weapon.
"It's a situation where the prosecution claims they've got the murder knife but they have a weapon tht doesn't fit the wounds and this particular knife was shown to the coroner and he ruled it out."
Plesser filed a motion for the boy's release from custody until trial.
The Calaveras District Attorney's Office says it cannot comment on the case because it is in juvenile court.