WICHITA, Kan. (AP) — Prosecutors asked a federal judge to order collection of a DNA sample from a man in Kansas accused of assuming the identity of a dead Texas boy.

Teodoro Erasmo Luna initially had requested through his attorney that his Jan. 13 trial be delayed to allow the testing, and the judge agreed.

But in a court filing Tuesday. prosecutors say Luna balked when his jailers tried to collect the sample, even after his defense attorney met with him.

The government is now asking the court to direct the U.S. Marshals Service to immediately obtain a swab of his saliva for use in DNA testing.

His defense did not immediately return an email seeking comment.

Luna is charged in a 17-count indictment with aggravated identity theft and related crimes.