NEW WESTMINSTER, B.C. - A B.C. judge will decide next week whether to fix a date for a second murder trial for serial killer Robert Pickton or wait until after the appeal of his first trial is resolved.

Both the Crown and defence have appealed Pickton's convictions on six counts of second-degree murder.

The B.C. Appeal Court has set a date in March 2009 to hear the appeal.

Pickton's lawyer, Peter Ritchie, told a B.C. Supreme Court judge today that a date should be set for the second trial immediately because it could be the fall of 2009 before the appeal court makes its ruling.

Ritchie says that would mean Pickton's second trial might not start until 2010, after the defence has had time to prepare, and that would violate his constitutional right to a fair trial.

The Crown wants to wait for the Appeal Court to rule before proceeding on the 20 outstanding murder charges Pickton faces.