Ivan Henk's attorney wants to keep his client's statements to police out of court.
Jerry Soucie filed a motion Wednesday saying DNA evidence linking Henk to the death of his son and statements he made to police about killing the boy should not be admitted.
Henk is charged with first-degree murder in the death of four-year-old Brendan Gonzalez. Gonzalez's remains have not been found. He has been missing for eleven months.
Soucie argues that Henk's rights have been violated numerous times since his jailing on an unrelated charge.
Prosecutors are seeking the death penalty.