LAYTON -- A six-day jury trial has been set for Coleman Nocks, who is charged with two counts of negligent homicide in connection with the deaths of two Layton girls.
On Tuesday, Judge Robert J. Dale set the trial to run from May 16 to May 23.
The trial will be the first in the country in which Fumitoxin, a pesticide, will be used as the cause of death.
A representative from "Inside Edition" was at the court hearing.
After the hearing, Deputy Layton City Attorney Steve Garside said he is prepared to go forward with the case, adding, "Obviously, the evidence will show that phosphine gas was the cause of death."
Garside also said the medical examiner's report cannot be released because it will be used in the trial.
Dr. Todd C. Grey, the state medical examiner, will testify in the trial.
"His testimony will support our position the two girls died because of phosphine poison," Garside said.
Nocks is accused of using Fumitoxin too close to the home where Rebecca Toone, 4, and her sister, Rachel Toone, 15 months, lived. They died three days apart after Nocks applied the pesticide around their home in February 2010.
Defense attorney Bruce Larsen asked the judge to sign an order so he could interview Grey.
Garside said after the hearing that Larsen has interviewed Grey, but "not as in-depth, because (Grey) is our expert witness."
The girls' parents, Nathan and Brenda Toone, were in the Layton courtroom Tuesday. They declined to comment after the hearing.
Garside said the Toones have told his office they do not want to interfere with the criminal case and "have taken a hands-off approach."
Nocks, 63, of Bountiful, also declined to make any comments following the hearing.
Nocks, who was employed with Bugman Pest and Lawn Inc. in February, went to the Toone home to rid the area of voles.
According to a police news release in April 2010, the Office of the Medical Examiner's report indicated Rachel and Rebecca "had elevated phosphorous levels and lung damage consistent with inhaling a harmful substance."
Shortly after the girls' deaths, the U.S. Environmental Protection Agency issued new restrictions on aluminum and magnesium phosphide products to better protect people from dangerous exposures.
Officials said Nocks, who was licensed to handle aluminum phosphide, buried several pellets in front of and behind the house.
The pellets fizz and dissolve when they come in contact with moisture in the soil, creating phosphine gas that kills rodents.
Nocks surrendered his applicator license and agreed never to reapply for a pesticide license in Utah, according to a joint news release in August from the Utah Division of Plant Industry and the Utah Attorney General's Office.
Bugman Pest and Lawn Inc. and a number of its employees had reached a settlement with the state in August for misapplication of pesticides and record-keeping violations.
Those violations were discovered after an investigation linked the deaths of the Toone sisters to improper pesticide application.
No criminal charges have been filed against Bugman Inc., its owner or the company's other six employees in the deaths of the two girls.