CHARDON, Ohio -- Suspected Chardon High School shooter, T.J. Lane, 18, appeared in Geauga County Common Pleas Court Wednesday morning.
In a rare sign of emotion, Lane smiled and waved to several of his immediate family members as they testified for the defense.
Lane's defense attorney wants statements thrown out that were made by his immediate family at the Chardon Police Department shortly after the shooting. Lane is accused of killing three students and wounding three others, in February.
The defense says that the family had no idea they were being videotaped or recorded while waiting in an interrogation room.
Lane smiled and waved twice to his grandmother as she took the stand. He also waved at his mother and sister as they testified. Lane nodded at both his father and grandfather who also testified they had no idea they were being taped.
But the prosecution argued that the family should not have expected privacy when they entered the police station.
The judge will make a decision in the next week.
Meantime, both the prosecution and defense also went over jury excuses and narrowed the pool from 600 to around 300 potential jurors.
Lane heads to trial January 14.