After nearly 11 months of wading through court proceedings, the Lisa Garretson murder trial will begin Dec. 3, though pre-trial motions continue.

Brett Hooghkirk’s lawyer introduced a motion Friday asking the state to explain the origin of three pieces of evidence, two packages containing contraceptive sponges and a black plastic case with two Lady Trojan condoms.

On one of the two occasions when defense attorney Bill Brady examined evidence at the DeKalb Police station, he did not find any contraceptives among the evidence, court documents stated.

But, when Brady and Hooghkirk examined the evidence at the police station Aug. 24, they found an eyeglass case containing contraceptive sponges and a black plastic case containing condoms, according to court documents.

“An integral part of the state’s case, in order to try and prove force, will be the argument that the deceased would have used contraceptive devices which were available if the sex had been consensual,” court documents stated.

“I was somewhat suprised to find that evidence showed up last time that wasn’t there before. I want to know what else is missing,” Brady said in court.

DeKalb County State’s Attorney Mike Coghlan refused comment on the condom issue.

Coghlan said in court, however, that the defense gave a cursory examination of the evidence during his first visit.

Brady filed another motion requesting a pre-trial hearing to determine the scientific basis for comparing Hooghkirk’s blood with fluids found at the scene of the crime.

“The test and the testing procedure has not been generally accepted in the scientific community as a means of making a positive comparison between a blood sample and an unknown fluid sample,” court documents stated.

Circuit Judge John L. Nickels set a hearing on the motions for Oct. 11 and a pre-trial hearing for Oct. 12.

Hooghkirk in February pleaded guilty to three counts of first degree murder, aggravated criminal sexual assault, aggravated arson and concealing a homicide. He is being held without bail.