MIAMI (CBSMiami.com) –The attorney for the adoptive father of murdered 10-year Nubia Barahona filed a motion in court Tuesday asking the judge to have separate trials for Jorge and Carmen Barahona. 

But that option would be too painful for the surviving child, a guardian ad-litem attorney argued Tuesday.

READ MORE: Miami-Dade Seeing COVID Rates 5 Times Higher Than Summer Delta Surge

Jorge and Carmen Barahona are both charged with first-degree murder after their adoptive daughter Nubia’s body was found partially decomposed in the back of Jorge’s pickup truck along I-95 in West Palm Beach on February 14, 2011. Jorge Barahona is being represented by court-appointed attorney David Peckins who made that argument on his behalf.

Nubia’s twin brother Victor survived. Victor had sustained injuries that left him badly burned after he was doused with a toxic chemical.

Guardian Ad-Litem Attorney Frances J. Feinberg said having two trials would further traumatize Victor.

READ MORE: Sheila Cherfilus-McCormick Sworn Into Congress

“We object because it’s more trauma to the child,” said Feinberg.

Victor now lives with relatives in Texas. Feinberg also said the child would have to travel more and that would “not be in the best interest of the child.”

Nubia and Victor were adopted by the Barahonas in 2009 after living in their home since 2004. The kids, authorities discovered, had endured starvation, beatings, medical neglect and they had been tied and forced to stay in a bathtub.

The Barahonas have pleaded not guilty. Prosecutors are seeking the death penalty.

MORE NEWS: Cleveland Browns DT Malik McDowell Bonds Out After Being Arrested In South Florida On Public Exposure Charge

Miami-Dade Circuit Court Judge Sarah Zabel said she would review all the arguments before making a decision. The next court hearing was set for January 5, 2012.