Judge denies motion to withhold evidence from Eisenhauer trial

Judge makes ruling during motions hearing Thursday

MONTGOMERY COUNTY, Va. – The former Virginia Tech student charged with first-degree murder of a 13-year-old in Blacksburg was back in Montgomery County Circuit Court Thursday for a motions hearing.

David Eisenhauer, 20, is charged with murdering Nicole Lovell last year.

Eisenhauer was in court as Judge Robert Turk ruled much of the evidence that Eisenhauer's defense pushed to keep the jury from hearing will be allowed.

Turk denied motions to suppress three points of evidence, including a warrantless entry into Eisenhauer's Virginia Tech dorm room during the search for Lovell; statements made by Eisenhauer before he was arrested and read his Miranda rights; as well as evidence from his cell phone that was confiscated after he was arrested.

The judge did take one motion to suppress under advisement. Turk ruled that parts of the recorded conversations between police and Eisenhauer after he was read his Miranda rights and asked for a lawyer will be dealt with on a case-by-case basis. 

He asked the commonwealth to review the four-hour conversation and submit parts they want to enter into trial to the defense and to himself for review.

The trial is set to begin in February.

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