- Associated Press - Tuesday, June 2, 2015

NEW BRUNSWICK, N.J. (AP) - A lawyer for a Florida woman charged with killing her 5-year-old son more than 20 years ago in New Jersey intends to file a motion to have the indictment thrown out.

Defense attorney Gerald Krovatin said Tuesday he plans to argue that Michelle Lodzinski’s constitutional rights were violated because of the length of time it took the Middlesex County prosecutor’s office to charge her.

Prosecutor Andrew Carey brought the charges against Lodzinski last August after reviewing her case while looking back at cold case files when he assumed office.

Lodzinski, a resident of Port St. Lucie, Florida, told investigators her son went missing from a Memorial Day carnival in Sayreville, New Jersey, in 1991. The boy’s remains were found in nearby Edison 11 months later.

Krovatin said there was insufficient probable cause to charge Lodzinski with murder.

Assistant Prosecutor Scott LaMountain said he will file several motions as well, including one that would allow his office to bring jurors to see where the child’s remains were found.

LaMountain said he will also ask to admit evidence of Lodzinski’s behavior before and after the boy disappeared, along with statements she made to a former boyfriend and other law enforcement agencies.

Superior Court Judge Dennis Nieves will hear arguments Sept. 23.

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