Published: Sep 20, 2011 5:39 PM EDT

FORT MYERS, Fla.- Lawyers in the Lee County Steak and Shake murder case were battling in court this morning over D.N.A. evidence.

Christopher Williams faced a judge Tuesday morning. He's the only man charged with murder that wasn't even in the car that night. They're questioning D.N.A. evidence they found in a glove similar to this one.

Experts say there is a 50 percent chance the D.N.A. is his. Those are the lowest odds they've ever seen in a case.

Prosecutors say Christopher Williams helped to plan the home invasion back in 2009 that lead to a deadly shootout with police in a Steak and Shake parking lot.

Because someone died during the crime, four men are charged with murder, including Williams.

His lawyer said usually in these cases, the odds are one in a trillion that the D.N.A. is a positive match, much higher than what we heard Tuesday.    

At the end of the hearing, the judge said the jury will be able to hear the glove evidence.

This trial is set for November.