Derion Vence's attorney has filed a subpoena for community activist Quanell X's cell phone records.
According to KHOU 11's legal analyst Gerald Treece, Vence's defense attorney wants the phone records to prove the police sent the Houston activist to obtain a confession from Vence.
Vence, 27, was arrested on May 11 and charged with tampering with a human corpse after police found blood evidence linked to Maleah Davis in the family's apartment. The arrest came a week after Vence told police the 4-year-old was abducted by three Mexican males.
In a jailhouse interview last week, Quanell X convinced Vence, the ex-fiance of Maleah's mother, to tell him where he disposed of Maleah's body after killing her "accidentally."
A child's remains were recovered from alongside a highway in Arkansas and positively identified as belonging to Maleah.
But Vence's attorney, Dorian Cotlar, wants Quanell's phone records to call into question the alleged jailhouse confession, and to prove Quanell was acting as an agent for the police.
"I'm sure the defense lawyer is upset that the statement was made, and that's why he's going after the statement," said Treece.
Also on Wednesday morning, Cotlar filed a motion for Vence to undergo a mental health evaluation or intellectual disability assessment.
"Can this guy even assist in his own defense or is he so out of it that he doesn't even know what he's doing," said Treece, referring to Vence.
Treece cautioned that the motion doesn't mean the attorney is going for an insanity defense for Vence.
Defense lawyers are very creative with motions," said Treece. "This is just the beginning of these creative motions."
On Sunday, the Houston mayor plans to illuminate City Hall in pink lights to remember the little girl whose favorite color was pink.