YOUNGSTOWN, Ohio (WKBN) — Attorneys for one of two men in custody for the September 2020 murder of a 4-year-old Struthers boy are asking a judge to suppress statements to the police made by his mother.

The motion, filed Tuesday in Mahoning County Common Pleas Court but available Wednesday, asks Judge Anthony D’Apolito to suppress any statements by the mother of Rowan Sweeney, Alexis Schneider, identifying 25-year-old Kimonie Bryant as one of the men who killed the boy and wounded her and two others.

The motion, filed by attorneys John Juhasz and Lynn Maro, said that Schneider was under the influence of pain medication when she picked Bryant out of a photo lineup and the lineup was not given properly.

Schneider, her boyfriend Yarnell Green, 32, and a third person were wounded in the Perry Street home of Schneider and the boy was killed.

Police have said the shooting stemmed from a robbery. Investigators said Green had a large sum of money from his barber business that he received as part of a COVID-19 stimulus program for small businesses.

Green was killed early Sunday in downtown Youngstown in a shooting outside of a bar following an argument.

Maro and Juhasz argue that Schneider’s identification is unreliable because she was in a heavily medicated state when she was interviewed by police and that the photo array was not given by a “blind administrator,” or someone who has no connection to the case.

They also said in a follow-up interview Schneider was only given a photo of Bryant to choose from, which was “unduly suggestive,” they claim.

Bryant and co-defendant Brandon Crump, 18, were indicted on capital specifications for the boy’s death, which means the death penalty can be applied if they are found guilty. However, because Crump was a juvenile at the time the crime was committed, under state law, he cannot be put to death.

Bryant was originally indicted in October 2020 for Sweeney’s death that was part of a superseding indictment in March 2021 that included Crump as well as Andre McCoy, 21.

McCoy was wounded in the same shooting that killed Sweeney and injured two others. Prosecutors have not been able to find him and they have not said how McCoy could have been shot in the head yet still be part of the plot that resulted in Sweeney’s death. McCoy could also face the death penalty if he is convicted.

Three others were also charged in the superseding indictment with other roles in the case.

The case has been delayed because of arguments over DNA testing, which is expected to be completed Nov. 7. Prosecutors have said they will not decide who to try first until the DNA results are back. They have not said what items are being tested for DNA.