EFFINGHAM COUNTY, Ga. () — A judge has denied one of the five motions argued by Elwyn Crocker Senior’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. Elwyn Senior 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. She is a Professor Emerita of Law and Justice Studies at Rowan University and a Capital Jury Project Investigator.

Foglia presented a study that she shows jurors often make mistakes when deciding death penalty cases, citing premature punishment decision making, failure to comprehend jury instructions, influence of race and more. The study also showed that jury selection fails to remove Automatic Death Penalty (ADP) jurors.

Assistant District Attorney (ADA) Matthew Breedon questioned Foglia and the methodology behind the collection of the data in the study.