By Paul Kurtz

PHILADELPHIA (CBS) — A Commonwealth Court judge has set a Jan. 8 trial date for the 24-year-old man accused of stabbing City Councilman David Oh back in May.

Shawn Yarbray is charged with attempted murder, aggravated assault and other offenses in connection with the attack that took place outside Councilman’s home on Thomas Avenue.

Yarbray denies the charges. His attorney Sam stretton says police arrested, and Oh identified, the wrong man.

“Eyewitness identification is the weakest form of testimony because it’s so subjective. There is now allowed, under the law, for the defense to bring in psychologists and other experts to show the jury why this testimony is inherently unreliable.”

Stretton says he’ll prove that Yarbray was at another location with friends when the Councilman was attacked. Oh had to undergo emergency surgery but has since recovered.