WASHINGTON (CBSDC/AP) — Lawyers in the Maryland case of a man charged with killing his estranged wife and her 11-year-old son are arguing over evidence.

Curtis Lopez is awaiting trial in the deaths last fall of Jane and William McQuain.

Police found Jane McQuain’s body fatally bludgeoned in her Germantown home in October of 2011. Her son’s body was later found in nearby woods. Lopez was taken into custody in North Carolina after police tracked her stolen car to a motel there.

Now Lopez’s lawyers are asking the judge to bar from trial evidence seized from the car or taken from the motel. They say the warrant that led to the search wasn’t specific enough, a claim prosecutors reject.

A judge has scheduled a hearing for next week on the dispute.

(TM and Copyright 2012 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2012 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


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