DEADWOOD, S.D. (AP) — The attorney for a Lead man accused of killing a woman is seeking to have some evidence disallowed at trial.

The Rapid City Journal reports that defense attorney Ellery Grey maintains police violated the rights of 44-year-old James Rogers Junior when they searched his apartment.

Authorities allege that Rogers fatally stabbed 27-year-old Caitlin Walsh in August and kept her body in his apartment for five days. The relationship of Rogers and Walsh hasn't been disclosed.

Lawrence County State's Attorney John Fitzgerald rejects the assertion by Grey, which came a day after Fitzgerald said he would not pursue the death penalty should Rogers be convicted. Rogers has pleaded not guilty to murder.

A judge will rule later on the motion to suppress evidence.

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