BAKERSFIELD, Calif. (KGET) -- The preliminary hearing for the couple charged in the case of 8-year-old Genesis Mata’s death is set to move forward on Tuesday.

Graciela Bustamonte and Ray Mata Jr. are each charged with first-degree murder, torture, aggravated mayhem and child abuse, making them eligible for the death penalty.

Prosecutor Leanne Wilder asked to confirm the hearing for Tuesday, Oct. 28. The preliminary hearing is expected to last two days.

The attorneys each representing Bustamonte and Mata agreed with the prosecution’s request.

Kern County Judge David Zulfa set the preliminary hearing for Oct. 28. This is still a capital case, Zulfa said.

Bustamonte, 28, and Mata, 31, are accused of torturing Genesis in a motel room at the La Quinta Inn on Riverside Drive for two days, l

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