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CAYUGA COUNTY, N.Y. -- The Cayuga County District Attorney's office says their case against the man suspected of killing Katie Socci will move forward, regardless of whether an appellate court overturns a decision to throw out the indictment.

David McNamara was indicted by a grand jury back in October for his ex-girlfriend's murder. But in November, a judge tossed out that indictment, saying McNamara was not given advance notice of the grand jury's investigation and therefore was denied a chance to testify.

The DA's office filed an appeal in Appellate Court in Rochester Wednesday, but they don't expect to hear back until September 30th at the earliest.

"It's tough,” Cayuga County District Attorney Jon Budelmann said. “This has delayed the case some 10 to 11 months already. The family would like to put this part of the case behind them and move on with their lives. So we're anxious to get the case moving also."

The DA says even if the appellate ruling doesn't go their way, he would still be able to re-present the case to another grand jury, effectively moving the case forward.

McNamara is currently behind bars on an unrelated drug sentence.