BUFFALO, N.Y. — A bench trial has been scheduled for the the harassment case against Joseph Conti, despite his attorney’s efforts to get the charge dismissed.

Conti, the Buffalo father who police believe accidentally started the fire on Benzinger Street in January in which is young son was killed, was in court Monday morning.

The charge comes from an incident on December 30 and 31 and is unrelated to the fatal fire later that month.

Conti’s attorneys argued there wasn’t enough evidence to support the harassment charge and the related order of protection, which has required him to stay away from his wife. An exception was made to allow Conti to attend the funeral of his seven-year-old son, Anthony, after the fire.

Prosecutors, on the other hand, argued that there is a pattern of harassing behavior and that the charge should stand.

The case will go to trial at the end of May. The prosecutors say they intend to call one or two witnesses in support of the charge.

Until then, Conti must stay 100 feet away from his wife and not contact her in any way. 

Conti declined a request for comment.

As for the fire, the district attorney says prosecutors are close to finishing their investigation and should know soon whether charges will be filed.