BELEN, N.M. (KRQE) - In just a few days, a young boy will be on trial for allegedly murdering his father when he was just 10 years old.
In a last ditch effort Wednesday, his attorneys tried to get key evidence thrown out.
Benjamin Hilburn is set to go on trial Monday for the deadly shooting at his Belen home in 2009.
Last week, a judge ruled that the 911 call Hilburn made that night can be presented at trial.
On Wednesday, his attorneys filed an appeal to that ruling.
They hope the court of appeals will keep jurors from hearing that 911 call.
There is also a prosecution motion on the table pushing for Hilburn's younger sister to testify. She was the only witness in the case.
The judge did not rule on that motion Wednesday.
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