HAMPTON, Va. — A judge has denied a motion from Cory Bigsby's lawyers to keep certain evidence out of his trial next month.
Bigsby is the father of 4-year-old Codi Bigsby, who still missing after more than eight months. He faces several child neglect charges unrelated to his son's disappearance.
Bigsby's defense team wanted the judge to throw out any statements that he made before Hampton police officers arrested him.
Bigsby reported Codi missing on Jan. 31. After multiple days of questioning, police officers arrested him on unrelated child neglect charges.
In February, Hampton Police Chief Mark Talbot announced an internal audit by police leadership found Bigsby asked for a lawyer during questioning but that request wasn't honored.
In court Thursday, Hampton Commonwealth's Attorney Anton Bell told the judge he would only use statements Bigsby gave to officers before he asked for a lawyer.
Bell says for six-and-a-half hours between Jan. 31 and Feb. 1, Bigsby took a polygraph and answered questions while never asking for a lawyer until 4:13 a.m. Police recorded the entire interview.
Defense attorney Curtis Brown argued Bigsby said he was tired several times during the interview. He also questioned a detective on the stand who admitted he and Bigsby had a heated conversation during questioning and yelled in each other’s faces.
Ultimately, the judge said all of Bigsby’s statements before he asked for a lawyer are OK for the prosecutor to use during the trial.
Since February, Chief Talbot has said investigators don't think Codi wandered off, and they don't think he was abducted.
Bigsby was arrested on Feb. 3 after spending several days answering questions at the police division's headquarters. In July, a grand jury found enough evidence for more than 30 charges, including child neglect and endangerment.
Bigsby has been behind bars for about eight months now. His trial is scheduled to begin on Nov. 7 and is expected to last about three days.