Lewis "Buck" Ballard's attorneys say the building in Paris where investigators say 6-year-old Wesley Mullins was killed was torn down before they were able to look at the evidence.
The garage was demolished to make room for a community building.
Ballard's attorneys filed a motion to stop the construction of Wesley's Place, because they say the project is creating too much publicity.
Wesley's place will be a facility that will house several non-profit organizations and is going to be built in honor of the young murder victim.
The issue is expected to be discussed at Ballard's next court date in November.
Meanwhile, the Paris Police Department says they are no longer associating the department with Wesley's Place or the young boy for the time being, until the trial is over.
They have already removed information about him from their website, and will no longer hold any fund raisers for Wesley's Place.
"The defense did raise the issue that we could possibly skew the possibility of a fair trial, so we're more than happy to do our part," says Police Chief, Tim Gray.
Chief Gray went on to tell 27 NEWSFIRST that although they are not participating in events for the young boy as a department, officers can participate as long as they are not at work and are on their own time.
The trial for "Buck" Ballard is set to begin on February 4th.