The defense team for the mother of Quinton Simon, a Georgia toddler whose remains were found in a landfill, filed a motion to quash a subpoena to turn her dental records and personal writings over to the court.
According to the motion, the defense argues the subpoena issued to Aspen Dental and Billie Jo Howell, the mother of Lelani Simon, violates Simon's Fourth Amendment rights to unreasonable search and seizure.
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The original subpoena asked Howell to submit to the court "any and all journals, diaries or other writings" that belonged to Simon and for Aspen Dental to provide Simon's dental records.
Leilani Simon initially reported that her son Quinton disappeared from their home on Oct. 5. On Oct. 12. His remains were found on Nov. 18.
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On Nov. 21, the Chatham County Police Department arrested and charged Leilani Simon with murder, concealing a death, making false statements and false report of a crime following the disappearance of her 20-month-old son.
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Assistant Public Defender Robert W. Attridge, Jr. wrote in the motion that the subpoena asked Howell to "act as an agent of law enforcement and forces her to unlawfully search for evidence that the defendant enjoys as 'expectation of privacy.'"
Simon is expected to make an appearance in court on Feb. 13.