LOUISVILLE, KY (WAVE) - Is there wrong-doing in the Commonwealth's case against Gregory O'Bryan? That's an accusation working its way through court right now.
He's waiting trial in the murder of Andrew Compton last fall, but before that can take a place, a ruling is expected in a separate issue that has the defense crying foul against the prosecution.
"The court had a hearing whether or not Mr. O'Bryan's 6th amendment rights were violated," said Tom Van De Rostyne with the Commonwealth Attorney's Office.
What that boils down to is a claim from the defense representing O'Bryan that his mother was improperly interviewed by the prosecution.
The nearly hour-long hearing Wednesday largely centered around whether prosecutors were out of line in the method they used to talk to O'Bryan's mother.
Prosecutors don't deny talking with her, but say they did nothing wrong.
We talked to Mrs. O'Bryan to see if she had any information given to her previously by her son which is perfectly allowable, she is a fact witness and he had called her after this had happened so we were very curious as to what conversation they may have had," Van De Rostyne said.
O'Bryan is charged with murder in the death and disappearance of Sullivan University student 18-year-old Andrew Compton, of Carmel, Indiana.
While O'Bryan made a confession and gave a location where he dumped the body, Compton has never been found.
Prosecutors say that despite the defense's claims of wrong-doing, they're not losing sight of their main mission.
"We are constantly searching for Andrew Compton's body. We're not going to give up until we find it so we are going to pursue every possible lead to find him so we can return him to his family," Van De Rostyne said.
A judge will rule next month on whether there's been wrong doing in the prosecution's conversation with Mrs. O'Bryan.
Meanwhile, DNA construction continues in a Kentucky state police lab with the murder trial itself is still on for mid-April.