A Lawrence County Judge won't toss out key evidence in the case of a 12-year-old boy charged with killing his father's pregnant fiance, he ruled this morning.

Jordan Brown, who prosecutors say fatally shot Kenzie Houk, 26, with a 20-gauge shotgun as she lay in bed on Feb. 20, is charged as an adult with two counts of homicide. He was 11 at the time of the killing.

His lawyers, Dennis Elisco and David Acker, wanted Common Pleas Judge Dominick Motto to suppress statements the boy made to a state trooper the day of the killing because she did not seek Jordan's father's permission.

They also wanted Judge Motto to throw out evidence gathered from the New Galilee farmhouse that day, including firearms, bloody and soiled clothing, spent ammunition, fingerprints and DNA, should be thrown out, the attorneys said, because a trooper did not sign a search warrant.

The judge did grant the attorneys' motion to suppress evidence obtained in a search of Jordan's school records, saying it can not be used against him.

Prosecutors did not contest that motion.

Neither Mr. Elisco nor Lawrence County District Attorney John Bongivengo could immediately be reached for comment.

The boy's attorneys have repeatedly said they plan to ask a judge to move his case to juvenile court.

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