Phelps' lawyers argue the cases should be separate because the evidence for each person would be different and that could be confusing for the jury.
They also say if there is a joint trial, Phelps will be "deprived of his state and federal constitutional rights to a fair trial. The trial is scheduled for this summer. Click here to view the GEAR UP timeline.
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New court papers show Stacy Phelps wants to separate his trial from Dan Guericke.