Dale and Ellen-Beth Fullwood's attorneys also argued that the state has no evidence the parents were involved in Coralrose's death in September, and that Dale Fullwood's arrest on charges of possession of child pornography is not relevant to the custody case.

Judge Charles E. Williams denied the motions and set a Jan. 29 deadline for completion of discovery, an evidence-sharing process.

"What we have here, it appears, is late discovery," Williams said after the Fullwoods' attorneys plopped down hefty piles of papers they said they had just obtained from DCF before Thursday's hearing.

The judge left open the possibility that the attorneys could ask that Coralrose's homicide and the child pornography aspects be stricken from the case after the discovery process is complete.

Debra Salisbury, the attorney appointed to represent Dale Fullwood, said the Fullwoods would not have a fair shot at getting their children back if she and Linda Griffin, the attorney representing Ellen-Beth Fullwood, do not have enough time to review all of the evidence.

The non-jury trial is scheduled for Feb. 14.

The Fullwoods, who live separately in Cape Coral, have had different attorneys since Dale Fullwood was arrested in October on two felony charges of possession of child pornography.

He has pleaded not guilty to the charges, and is scheduled to go to trial in July.

The Fullwoods' four children, who range in age from 4 to 12, have been in the temporary custody of their maternal grandparents since a judge cited the filthy living conditions in the Fullwoods' North Port home.

A court document obtained by the Herald-Tribune in September also says that Coralrose's death is "suspicious for abuse or neglect."

On Thursday, Salisbury read from the petition against the Fullwoods -- a document not available to the public -- which stated that Coralrose's "father failed to ensure the home was secure" because the rear door was unlocked.

Dale Fullwood said after the hearing that he simply did not check the back door to see if it was locked when he got home from his Fort Myers bartending job in the early morning hours on Sept. 17.

Police have not named any suspects in the homicide, but they also have not cleared anyone -- including the Fullwoods.

That leaves them under a "veil of suspicion," Salisbury repeatedly said in court.

She pointed to police releasing information about DNA being discovered that does not match any of Coralrose's family members.

North Port Police Department Detective Tom Stella was asked to testify at the hearing but did not answer any of the questions related to the homicide, saying it is an ongoing investigation. He also said the police department will not release any documents pertaining to the investigation.

The Fullwoods are scheduled to appear in court again next week in an attempt to gain more visitation rights to their children.

Last modified: January 19. 2007 5:12AM