The gun that killed 12-year-old Emily Haddock won’t be kept out of evidence. Perry Ross Schiro is on trial as an accessory after the fact to murder, accused of hiding the .22 caliber semi-automatic handgun that took her life.

Michael Currie is already serving a life sentence for shooting and killing the girl during a Sept. 21, 2007 home invasion. Haddock was home from school with strep throat. Her grandfather found her body. Currie is expected to testify in this case, one condition of a plea bargain preventing a possible death penalty had he gone to trial.

Defense attorney Richard Roose sought to keep the weapon out of evidence. He filed a motion to suppress contending it had been improperly seized.

District Attorney Maureen Krueger called Harnett and Moore county detectives to the stand to testify about Schiro’s Sept. 24 arrest where they found the gun inside a sock hidden behind paneling in the trunk of a green Cadillac he’d been driving.

Roose told Senior Resident Superior Court Judge James M. Webb that current law bars anything discovered in incident-to-arrest searches where the accused is already under arrest and secured. According to Roose, a 2009 Supreme Court ruling in Arizona v. Grant means nothing found unrelated to the stolen tag could be used.

Officers testified that Schiro gave permission to search that car trunk, and arranged for the Cadillac’s car keys to be brought out and given to investigators.

Webb, following a lengthy list of findings of facts and law, denied the defense motion to suppress. Roose will appeal his ruling. The hearing took most of the day Wednesday after two alternate jurors had been seated to complete the jury panel.

Opening arguments were to start Thursday morning, with the trial now expected to run into next week. Webb, originally slated to take the bench Monday in Guilford County as circuit judge for six months, will have to remain in Carthage for the duration of this trial.