KNOXVILLE, Tenn. (WVLT) -- A judge has denied Lemaricus Davidson's attorneys request to dismiss his case, even though the judge agrees Davidson's attorney client privileged was breached.

Attorneys for accused killer Lemaricus Davidson also asked today for new prosecutors because of possible exposure to confidential information in a letter intercepted by Knox County Sheriff deputies.

Judge Richard Baumgartner said "there was clearly a breech [of attorney client privilege,]" but the information wasn't prejudicial against Davidson.

Knox County Sheriff's deputies told the court during a motions hearing Thursday they mistakenly intercepted and copied letter Davidson wrote to his attorneys in 2008.

The KCSO officers testified the letter forward to the District Attorney Generals Office. The two officers said they made a mistake and their actions weren't intentional.

Defense attorneys David Eldridge and Doug Trant argued in a motion filed last week the letter contained factual information about the case and defense tactics.

Eldridge and Trant have already requested Judge Richard Baumgartner to dismiss Davidson's case because they say KCSO violated their attorney-client privilege.

In a written response, district attorney Leland Price said a district attorney office employee reviewed the letter, and noted a page for him to read.

However, Price wrote "no evidence was directly or indirectly obtained as a result of the State's review" of the letter so prosecutors "did not check to see to whom the letter was addressed."

Prosecutors have sealed the original letter and copies, preventing Volunteer TV from reading the letter.

Price also argued dismissing the casae "would be highly inappropriate and insufficiently tailored given the interests at stake."

Davidson's the second of four suspects headed to trial for the 2007 murders of Channon Christian and Christopher Newsom.

Judge Baumgartner also held a closed hearing about admitting additional DNA evidence in Davidson's trial.

Eldridge says defense testing has found DNA from two unknown men on a Christian's undergarments.

The DNA profile doesn't match Davidson, co-defendants Letalvis Cobbins and George Thomas, or convicted accessory Eric Boyd, or Newsom.