Brown's Lawyers Ask Judge To Throw Out Evidence

At a hearing Wednesday afternoon in Lawrence County, lawyers for an 11-year-old boy charged with killing his father's pregnant fiancée asked a judge to throw out much of the evidence against him.

"They don't have any evidence that actually puts Jordan Brown in the house at the time of the deaths," said Dennis Elisco, the defense attorney.

Brown is charged in the fatal shooting of his father's pregnant girlfriend, Kenzie Houk.

Police say the boy killed the 26-year-old inside the home that the family shared in Wampum, and then went to school.

"There's no evidence that his gun was discharged or it was the weapon. We've gotten nothing back that; there's no blood. The most recent discovery, there's no blood on the gun; there's no fingerprints detectable on his gun, the shotgun," said Elisco. "And we're still waiting, how many months later… we're waiting on ballistics."

The defense alleges a search warrant that state police used to gather evidence inside the family home was missing a signature. Therefore, it should be thrown out along with the statement that Brown made while at school to a trooper.

"My argument is two-fold," said Elisco. "One, that he was clearly in custody because he reasonable believed that he couldn't leave, as any fifth grader would have reasonably believed. And secondly, that the Commonwealth… intentionally prevented Chris Brown from being present during the interview."

As for the prosecution, they say they are legally sound on all of their grounds.

Meanwhile, the judge says he will rule on these matters within the next 30 days.

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