"I'm concerned that because she's so tired and in the middle of a family crisis, she's not going to be able to give the best evidence," she said.

The lawyer for the accused argued Monday the trial should proceed and any delays are a violation of his client's rights. [Susan Helenchilde] shot back by pointing out the man has been the author of previous adjournments by failing to appear in court, which resulted in two arrest warrants and a three-month stint in jail without bail.

"But those of us who've had the opportunity to nurture and care for children... know that a nine-year-old who's gone to bed at 4 a.m. in the midst of a family crisis is going to be in a vulnerable state."