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Brendan Banfield remains set for sentencing Friday after Fairfax County’s chief judge rejected his attempt to overturn convictions in the 2023 killings of his wife and another man.

A jury convicted Banfield in February on two counts of aggravated murder in the deaths of Christine Banfield and Joseph Ryan. He faces life in prison without the possibility of parole.

Prosecutors said Banfield conspired with his family’s au pair, Juliana Peres Magalhães, while the two were having an affair. Peres Magalhães received a 10-year sentence under a plea agreement for her role in the crimes.

During a brief hearing Thursday, defense attorney John Carroll argued that three prosecution errors improperly influenced the jury’s verdict.

Carroll first contended that prosecutors used Banfield’s refusal to speak with police before his arrest against him at trial, violating his constitutional right to due process.

The defense also argued that prosecutors created an unfair surprise by calling witnesses who had not been disclosed before trial. Chief Judge Penney Azcarate found that prosecutors had followed the applicable rules.

Finally, Carroll accused Peres Magalhães of lying when she responded, “I don’t know,” to questions during cross-examination after testifying against Banfield, her former lover. Azcarate ruled that her answers were appropriate and said there was no evidence she had tried to deceive jurors.

With the convictions left intact, Azcarate is expected to sentence Banfield to life without parole Friday. Aggravated murder became Virginia’s most serious criminal offense after then-Gov. Ralph Northam abolished the death penalty in 2021.

Prosecutors plan to present three witnesses to deliver victim-impact statements before the judge imposes the sentence.