Birmingham, Ala (WIAT) Natalee Holloway will be the focus of another court case today as her father Dave tries to get a death declaration here in Birmingham.

 Jefferson County Probate Judge Alan King ruled three months ago Dave Holloway had met the legal presumption of death for his daughter.   Although Beth Holloway opposed the motion at the time, she’s now willing to let the declaration go forward.

The father's attorney, Mark White, said no new evidence has emerged, and he will ask the judge to rule her dead.  "We intend to point out the fact that the person who we believe is responsible for this tragedy is now an adjudicated killer," White said Wednesday.

Yesterday in Peru, Natalee was a major focus of the murder trial of Joran van der Sloot, the man she was last seen with before she vanished on a graduation trip to Aruba.

In pleading guilty to the murder of Peruvian student Stephany Flores, van der Sloot and his legal team claimed he snapped when Flores found material relating to Natalee on his laptop. Stephany’s corpse was found on the fifth anniversary of Natalee’s disappearance. No trace of Natalee has yet to be found.

According to her lawyer, Beth Holloway scoffed at van der Sloot’s post traumatic stress defense claims in the Flores trial.

“It’s just outrageous and unfathomable that he’s using his torment of the Holloway family, his refusal to cooperate and his extortion and fraudulent behavior as a reason why he deserves sympathy,” lawyer John Q Kelly told The New York Daily News.

“He just defrauded Beth Holloway out of $25,000, and he claims that left him so rattled he had to go kill someone?” Kelly asked derisively. “He’s trying to mitigate murder by being all upset about the other crimes he committed.”

Kelly said Beth Holloway hopes van der Sloot gets the maximum 30 years when he's sentenced Friday.