Dobrovolny also denied a request by the defense to modify Lowery's $25,000 bond. Lowery, who would be released on $2,500 cash, remains in the Scotts Bluff County jail.

Lowery is accused of lying to police during the investigation and disposing of the knife authorities believe was used in the murder. It was recovered in a cornfield on the northwest edge of Scottsbluff.

Judge Dobrovolny is still considering several other motions in the Lowery case, including defense motions to dismiss the charges, suppress evidence, and disallow the wearing of Mendoza memorial t-shirts by family members during the trial,. Defense attorney Sterling Huff contends the wearing of the t-shirts would be prejudicial and grounds for a mistrial.