YOUNGSTOWN, Ohio - A judge has been asked to remove the possibility of the death penalty for a Green Township accused of raping a ten-year-old girl, then setting a fire to kill her and her grandparents.

Attorney Thomas Zena filed the motion in the case of 48-year-old Robert Seman, who is charged with the murders of ten-year-old Corinne Gump, 63-year-old William Schmidt and his 61-year-old wife Judith.

The bodies of all three victims were found inside the Schmidt's burning Powers Way home on March 30, 2015 just hours before Seman was scheduled to go on trial for raping the little girl.

Mahoning County Prosecutor Paul Gains says he believes that Seman was motivated by his desire to escape punishment in his rape trial.

The indictment charges Seman with ten counts of aggravated murder, three counts of burglary and three counts of arson.

If Judge Maureen Sweeney grants the motion to take the death penalty off the table, Semen could still face three life sentences if convicted.