BRUNSWICK, Ga. -- Attorneys in the Brunswick baby murder are battling in court over a defense motion for discovery.
Defense attorneys for De'Marquise Elkins filed a motion Monday, asking that the judge in the case allow evidence to be collected from storm drains and sewer lines as part of the proper search of a crime scene for evidence of firearms and spent shell casings.
Defense attorneys argue in the motion that baby Antonio Santiago's mother, Sherry West, is mentally unstable and gave inconsistent accounts of how the murder of her 1-year-old happened. Elkins' attorneys say West had a financial interest in the death of her son due to an insurance policy.
Defense attorneys say the crime scene investigation was conducted incorrectly; specifically where the child was found by the first responders rather than the nearby location around the corner where West says the shooting actually took place.
Elkins' attorneys argue investigators overlooked the storm/sewer line because an officer parked his patrol car over the drain cover. They say this area is important to the case because Sherry West could have concealed and or disposed of a murder weapon and spent shell casings without leaving the scene of the crime.
Prosecutors have responded to the defense motion for discovery, saying the court should not grant the motion because Elkins and his attorneys have cited no authority, or expert in an official capacity, that would allow the Court to conduct an inspection of the storm and sewer drainage system.
Prosecutors said in their motion, "The state submits that Elkins' latest motion has moved far beyond the scope of any permissible and reasonable discovery, wasting both the time of the state and court."
The judge in the case has not yet ruled on the defense motion for discovery.
De'Marquise Elkins is expected to stand trial for the murder of Antonio Santiago on Aug. 19 in Cobb County.