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HUNTSVILLE, Ala. – Warren Hardy has remained in the custody of the Madison County Jail since his 2016 arrest. More than five years later he maintains his innocence as he heads to trial.

Hardy’s defense team filed a number of motions ahead of a status hearing Wednesday afternoon.

The defense filed a motion to dismiss one count of the indictment ahead of trial. The indictment alleges Hardy willfully violated a protection order. His attorneys argued Hardy hadn’t been served and did not know about a protection order therefore he could not have violated it.

Judge Comer denied the motion.

The defense filed a separate motion in an effort to prevent a 9-1-1 call from the victim’s husband from being played during the trial. Hardy’s attorneys said the victim’s husband relaying the information on the stand during the trial will suffice, and that playing the recording will only distract the jury from the facts of the case.

Judge Comer said he will make a decision on that request Monday.

There was a motion for pre-approval of extraordinary expenses for clothes for Hardy to wear to trial. Judge Comer approved $500 for clothing.

The Madison County District Attorney’s Office is seeking the death penalty in this case. Hardy is accused of killing 72-year-old Kathleen Lundy.

Court documents show Hardy’s ex-girlfriend filed for a protection order two days before the shooting. It was granted the same day, with a hearing set for the next week.

Huntsville Police say Hardy kidnapped her daughter and stepfather from her apartment and forced them to drive to Morland Pointe, where the shooting happened. Police say Hardy forced his ex into the car at gunpoint when the stepfather managed to drive away.

According to the police, Hardy then found Lundy leaving the residence, demanded her keys, and shot her to death before driving away in her car. He caught up to his ex-girlfriend’s car and fired multiple shots into it. He fled to Tennessee.

Jury selection is scheduled to begin Monday morning. The jury deciding Hardy’s fate will ultimately consist of 12 jurors as well as four alternates.