The attorney for a man accused of causing the death of his girlfriend's two-year-old child wants to suppress information that he says violates his client's 5th and 6th amendment rights.
Dana Hanna, the lawyer for Edward Berges, says a social worker from the state Department of Social Services knowing violated Berges' rights.
Hanna claims D.S.S did not ask for his consent before interviewing Berges at the jail.
Judge Mary Thorstenson ordered that D.S.S not release the contents of the interview until the South Dakota Attorney General reviews the claim.
Berges is charged with second degree murder, manslaughter, aggravated child abuse, and aggravated infant battery.
He could face a mandatory life sentence - plus and additional 40 years in prison if found guilty of all charges.