NORFOLK, Va (WVEC) — Handcuffed, in glasses and smiling at times, Edward Shaw faced witnesses comprised of first responders in hopes of getting evidence against him thrown out.

In the roughly three-hour motions hearing, police and firefighters from Norfolk and Chesapeake defended their actions in front of a judge.

READ MORE: Alleged Love Triangle Murder: Two suspects appeared in court

Most of the firefighters/EMTs treated Shaw for gunshot wounds back on New Year's Eve of last year after he was found in Chesapeake shot in his car with his cell phone was inside. He claimed he was a victim of a road rage incident.

Police said data on that that phone links Shaw as the shooter to the mistaken identity murder of the preschool teacher, Caroline Hendrix, that occurred in Norfolk moments before he was shot.

Prosecutors say the phone also links Shaw to Teniqu Cushman, a former love interest and co-conspirator.

Tuesday, Shaw's attorney, Eric Leckie, asked a judge to throw out the phone and its evidence that is comprised of texts and emails.

Leckie claimed EMT’s handled it wrong and misplaced it, alleging that it could have been tampered with. Leckie said Shaw should have had his phone in the hospital but didn't for at least 24 hours.

Shaw's attorney also said a police detective interrogated his client without telling him his rights and asked for those statements to be thrown out as well.

BACKGROUND: Prosecutors: Murdered teacher not intended target; love triangle involved

The prosecution stood by the tactics of those first responders and said nothing was tampered with on the phone and they have evidence to prove the claim. Prosecutors also said the interrogation was legal because Shaw wasn't under arrest yet.

The judge said he plans to make a decision on Friday as to what evidence, if any of it, will go to trial. A trial date has not been set yet.

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