LOUISVILLE, KY (WAVE) - Evidence hearings continue in the Gregory O'Bryan murder case. O'Bryan is accused of killing 18-year-old Andrew Compton.
On Friday, a judge made a decision about whether O'Bryan's mother should have been contacted by the prosecution.
During a pre-trial evidentiary hearing, a judge ruled against a motion by the defense that prosecutors violated Gregory O'bryan's 6th Amendment right to counsel.
The defense team argued the prosecution used his mother to get info from her son about where the Sullivan University student's body is located.
Judge Mitch Perry ruled there wasn't a constitutional violation.
"If there were to be an attempt to do that at a later date I think in fairness we'd have to revisit that," Perry said, Jefferson Circuit Court Division 3.
Even though the mother couldn't provide any new information, Perry said if at any point during the upcoming April trial prosecutors bring up the subject matter of the phone call, the ruling could be changed.
"We've never intended to use that statement. We're not going to. We stated that repeatedly," Tom Van De Rostyne said, Assistant Commonwealth's Attorney.
O'Bryan is awaiting trial for murder, sodomy and abuse of a corpse.
Police said he admitted to having sex with Compton. O'Bryan said during a police interview Compton died during sex, but where Compton's body is located is still a mystery.
The state is trying to compile DNA evidence of Compton. That process itself is becoming a legal challenge.
"This type of DNA work that's being done right now is not something that's very common," said Defense Attorney Amy Hannah.
Hannah argued, "It's not something where you just swab someone and match the DNA. We want the court to know we've been given absolutely no information at this time as to what they're doing, who's doing it, what it's going to look like and a time table."
The prosecution said without Compton's body, they're doing what they can to find DNA evidence proving O'Bryan killed Compton.
There is another pre-trail hearing scheduled in December. A jury trial is set for April 16.