COLUMBUS, GA (WTVM) – A capital murder case in Columbus heats up as both sides battle over whether or not the defendant's arrest was legal.
Police say they initially arrested Brandon Conner for giving false information in the deaths of his girlfriend and their six-month-old child.
Sources close to News Leader 9 tell us that depending on how the judge rules on the prosecution's latest motion, will determine whether a lot of evidence is admitted or thrown out.
The issue is over a city ordinance, the state says accused killer Brandon Conner violated when he gave police wrong information about where he was coming from when they pulled him over on Wynnton Road back in August of 2014.
A certified copy of that ordinance is required as evidence in order for Conner's car search by police to be admitted in court.
The problem is, the defense is saying the prosecution submitted the document too late after the hearings were closed.
Friday, the judge order both sides to submit briefs to him by March 15 and he will make a decision.
During Conner's traffic stop, police were investigating a house fire on Winifred Lane where Conner's girlfriend Rosella "Mandy" Mitchell and their 6-month-old baby boy Dylan were both found dead inside.
Autopsy results revealed Mandy had been brutally stabbed before the fire started. The cause of the baby's death still undetermined.
Conner maintains his innocence.