Tuscon, Arizona – Christopher Payne, 29, is accused of killing his 4 year-old daughter and his 5 year-old son. His attorneys yesterday asked the Pima County Superior judge lawyer yesterday to dismiss the case due to lack of evidence about what had really caused Adriana’s death and the fact that Tyler’s body had not been found. Payne who was arrested in March after the body of his daughter was in a plastic tub inside of a storage unit. Autopsy results for the young child show that half her ribs and her right shoulder had been broken weeks before her murder. Tuscon police are actively searching for the little boys remains. There has been no word as of today if the judge had made a decision, AP reported.