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Judge rules missing toddler's blood can be presented as evidence in Ruben Ebron's trial

JACKSONVILLE, Fla. — A judge ruled Wednesday that DNA evidence, including blood, can be presented as evidence in Ruben Ebron’s trial set for Monday.

The prosecution said missing toddler Lonzie Barton’s blood was found on blankets and carpets inside Ebron’s apartment.

Ebron’s defense team sought to have the DNA evidence thrown out, arguing it is prejudicial because he is not being charged with murder, but the judge denied the request.

The state said the blood can be used as evidence to show neglect.

Ebron’s trial Monday will focus on the charges of child neglect, lying to police and tampering with evidence.

Ebron’s escape charges will be tried separately on Feb 17.

The judge also heard arguments about whether Lonzie’s 5-year-old sister should testify in the trial.

The appointed guardian for the child testified that the child has told up to four versions of what happened the night Lonzie was reported missing.

"I do not believe that it would be in the child's best interest,” child advocate Emily Hall said. “I don't believe that she would act appropriately in a courtroom setting and I am not that sure she would be reliable with what she shares either."

A competency hearing will be held Thursday to determine whether the child should take the stand.

Ebron is the only suspect in the investigation into the disappearance of Lonzie but has not been charged with murder in the case.

Lonzie's mother, Lonna Lauramore Barton, pleaded guilty Wednesday morning and will testify against Ebron during his trial.

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Action News Jax reporter Samantha Manning was in the courtroom Wednesday. Follow her on Twitter @SamanthaANjax and watch CBS47 Action News Jax for the latest. To see a collection of Samantha's tweets from inside the courtroom click here for a Storify of the day's event.

[View the story "Ruben Ebron trial set to begin Jan. 11." on Storify]