Judge denies motion to throw out most of David Eisenhauer's statements

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CHRISTIANSBURG, Va. (WDBJ7) A Montgomery County judge will not withhold statements as evidence collected for David Eisenhauer's jury trial scheduled next month.

Eisenhauer's lawyers requested most of the statements he made while talking with Blacksburg police in January 2016 be tossed out.

They claim several things he said were collected illegally by police. Judge Robert Turk disagreed, saying everything was handled appropriately. At question was what attorney's called an illegal entry into Eisenhauer's dorm room. A Residential Adviser allowed police to enter the dorm room to look for Nicole Lovell when she was reported missing.

Police also looked through boxes and some of his things before asking him to come to the Blacksburg police department. He voluntarily went, the judge said.

Turk also denied the attorney's request to withhold the evidence collected from Eisenhauer's cell phone. It was taken just after he requested a lawyer. Police say the phone wasn't searched until an appropriate search warrant was executed.

Eisenhauers is charged in the killing of teenager Nicole Lovell.

The judge plans to take another request to discard other statements under advisement, and will decide if they'll be allowed on the first day of his trial. Those statements came during the hours after Eisenhauer requested a lawyer. Some discussion was held during this time.

Eisenhauer's trial begins in February. Natalie Keepers is also charged in connection to Lovell's death. In a decision made Wednesday, Judge Turk denied her attorney's request to reconsider throwing out more statements she made to investigators. Her trial also begins in February.