EFFINGHAM COUNTY, Ga. (WSAV) — A judge has denied one of the five motions argued by Elwyn Crocker Sr.’s defense in court on Monday.

It’s one of the most disturbing child abuse and murder cases in Georgia, and it just got one step closer to going to trial.

The motion to ensure mitigating circumstances are property weighed was denied by Judge Matthew Hube on Tuesday. Mitigating circumstances are factors that, while not justifying or excusing a crime, can lessen the severity of the offense or the degree of culpability of the offender.

The motion questioned whether or not jurors are the best suited to decide a death penalty verdict. Crocker Sr. and two others could face the death penalty if convicted.

The defense called Wanda Foglia to the stand as an expert witness at Monday’s hearing.

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