Hearing for man accused of killing boy

PROVIDENCE, R.I. (AP/WPRI) -- A man accused of killing his girlfriend's 6-year-old son was back in court Monday morning for a short hearing.

Last week Superior Court Judge Judith Savage, threw out most of the prosecution's evidence after finding that Cranston police officers illegally searched text messages and that tainted the other evidence they obtained.

• Related: Murder suspect texted that he hit child

At Monday's hearing, the judge asked both sides to come up with a document that will be presented to the Rhode Island Supreme Court regarding the evidence. The evidence, which as of now, will not be seen by a jury.

A log of the text messages was obtained by Target 12 from the Superior Court case file and is part of what Judge Judith Savage called ‘a tsunami of illegal evidence collected by Cranston Police’.

• Read more: Read Judge Savage's Ruling

Michael Patino is charged with the 2009 beating death Marco Nieves.

Nieves died on October 4, 2009. The log contains a heated text message conversation from the evening before between Patino and Nieves’ mother Trisha Oliver, who was his girlfriend at the time.

On Friday, Rhode Island Attorney General Peter Kilmartin filed a notice that he will appeal the ruling to the state Supreme Court.

The attorney's for both sides will return to court Tuesday morning to present the document that will be sent to the Supreme Court.

Meanwhile, Patino is due back in court on Wednesday, where his lawyer, David Cooper, plans to ask for bail.