HAMILTON, OH (FOX19) – - A Butler County judge denied a request to have charges thrown out in the case of the man accused of killing his girlfriend's 2-year-old daughter.
Bradley Young's defense attorneys claimed his constitutional rights were violated when phone calls Young made from the jail to his attorney were recorded.
His defense attorneys alleged the Butler County Sheriff's Office acted on information from those phone calls and interfered with Young's representation.
Butler County Prosecutor Mike Gmoser says neither he, nor anyone on his staff, listened to the recordings or acted on them.
Gmoser said they didn't even know the phone calls existed until the evidence was turned over to the defense counsel in preparation for trial.
The judge said Tuesday there was no proof that the jail workers deliberately intruded to get information.
Young will continue to face an array of charges, including murder, in connection with the December beating death of Kinsley Kinner.
Young and his girlfriend and the child's mother, Rebekah Kinner, 23, were arrested after sheriff's deputies responded to Young's Radabaugh Road residence.
Authorities received a report of a non-breathing child, according to a criminal complaint filed with Middletown Municipal Court.
CPR was started until EMS arrived.
The toddler was taken to Atrium Medical Center in Middletown, where medical staff advised that she had bruising under her chin towards her throat and several bruises all around her head, according to the complaint.
The toddler was transferred to Cincinnati Children's Hospital Medical Center.
"Medical staff advised (the girl) had no brain activity and was on a ventilator," the criminal complaint states. "Rebecca Kinner stated that she watched as her boyfriend (Brad Young) shook and punched her two-year-old daughter in the head multiple times the day before she stopped breathing. Rebecca made no attempt to come to her defense."
Last month, Rebekah Kinner was sentenced to 11 years in prison.