OGDEN -- It could take several months for a judge to decide whether Idaho inmate Gregory Seamons should be extradited to Weber County to stand trial in the 1983 rape and slaying of 11-year-old Rebecca Lemberger.
Seamons' intention to fight extradition could delay his return to Weber County until midsummer, said Idaho Deputy Attorney General Bill Loomis.
Seamons told a judge last week he has proof that a DNA sample taken from him in 2011 by Ogden police at the Valley County Jail in Idaho was done in dirty conditions. Seamons said he wants Idaho Gov. Butch Otter to know about the flaw with the test.
If that doesn't sway the governor, Seamons said he will file a writ of habeas corpus with the district court, meaning he will fight extradition.
That could mean several more hearings in Idaho before a judge there decides if Seamons should be extradited to Weber County to face first-degree rape and aggravated murder charges in Lemberger's slaying.
Seamons' next hearing will be April 23 at the Idaho Maximum Security Institution in Boise.
Seamons, 45, has been incarcerated in the prison since 2007 for second-degree kidnapping.
He is scheduled to complete his sentence in December 2017.
Last month Seamons wrote a letter to Otter asking him to block the extradition because one of the Ogden officers who handled the DNA sample taken from him did not wear gloves. Seamons also said he fears for his life if Utah officials take him out of Idaho.
Otter spokesman Jon Hanian said the governor will not prevent Seamons' extradition.
"We are not going to stand in the way of justice," he said in a brief phone interview.
Weber County Attorney Dee Smith declined to comment on Seamons' allegation that the DNA sample was mishandled.
"We will save our responses (for Seamons' trial)," he said.
Seamons could spend the rest of his life in a Utah prison if convicted of raping and killing Lemberger. She was last seen at 8 a.m. March 2, 1983, when she left home to walk to Edison Elementary School, at 935 E. 1050 North.
Lemberger never made it to school, and her body was found the next day in a shed in a field west of 729 N. Mountain Road in Ogden. She had been sexually assaulted and died of blunt force trauma to the head.
Ogden police obtained an arrest warrant for Seamons last September. Investigators say his DNA matches evidence from the crime.
Seamons, who was 15 at the time, lived in Lemberger's neighborhood when she was killed, detectives say. He has been interviewed by detectives twice and has denied knowing Lemberger.