An attorney for the man accused of leaving his son in a hot car to die is asking a judge to toss out the murder indictment against him.
Ross Harris' attorney filed 15 motions in a Cobb County court Tuesday asking the judge to throw out several parts of key evidence against Harris.
Harris currently faces an eight-count indictment. Five of those counts include the death of his young son Cooper, who Harris is accused of leaving for dead in the back of his car for seven hours this past June.
Three other counts include sexting with a 16-year-old girl while at work that day.
Harris' attorney Max Kilgore filed several motions Tuesday, including one asking the judge to cut out the sexting charges from the indictment and have them treated as a separate case.
Defense Attorney Kim Keheley Frye claims Kilgore has a good argument but isn't sure it will work.
"Those things seem decidedly different. However, in our court system prosecutors, and to some extent our judicial system, they like all this lumped together," Frye said.
Kilgore filed 15 motions on Harris' behalf ahead of a Monday deadline, including a motion to file more motions.
He wants Harris' statements to police tossed out, saying they were illegally obtained.
Another motion asks that the trove of electronics seized during the investigation be excluded from the case. The motion claims the three search warrants used to seize them were done without probable cause.
Kilgore also wants conversations between Harris and his wife, Leanna, made at the Cobb County Police Department excluded. One of those conversations includes Leanna reportedly asking Ross, "Did you say too much?"
"Part of that is the factual basis. This is a very private relationship and they set up the situation it to be a private conversation but then taped it," Frye said.
The motions were scheduled to be heard on Monday, but discovery has not been provided to the defense yet. The matter is expected to be delayed to a later date.
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