A judge in Onslow County has thrown out a piece of evidence against a woman accused of murdering a child in 2003. Tuesday, a pre-trial hearing took place in the case of Carolyn Futrell, who is accused of poisoning seven year old Kayla Allen to death while she was in her care.
37 year old Carolyn Futtrell, Kayla's legal guardian, is charged with the crime. Tuesday the judge threw out a portion of the evidence, a bottle containing the poison Atroban. The defense had contended samples from that bottle were degraded over the years. The judge did allow into evidence a water bottle containing elements of the poison, which investigators say they found by the girl's bed.
The family of Allen sees this day as a victory. The murder case is now set for trial on April 7th.