PULASKI (WSLS 10) - A judge has granted the defense's motion to have the cell phone that was found with Noah Thomas' body forensically tested.
The results will be shared with Ashley White's defense team and the Pulaski County Commonwealth's Attorney, according to records filed in Juvenile Domestic Relations Court.
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Officials say the testing will be on all outgoing/incoming texts and calls made. The cell phone's GPS data, videos, pictures and apps used between March 20 and 23, 2015 will also be checked.
So far, there's been no mention of who the cell phone officially belonged to.
The Department of Forensic Science will test the phone.
If the Commonwealth wants to appeal the judge's ruling - it will happen in Circuit Court.
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The Pulaski County Commonwealth Attorney's Office said Wednesday during court it is analyzing a cell phone found on the body of five-year-old Noah Thomas for potential evidence.
Noah's mother, Ashley White, was present at the hearing where her attorney filed a motion to have the phone analyzed and the results shared with the defense. The defense wants information on things like text messages, calls, pictures, video, GPS data and applications.
The Commonwealth Attorney's Office said that it is analyzing the phone, but the defense is not entitled to the full results at this point in the proceedings. The commonwealth will turn over any criminal evidence found on the phone.
The judge said he would make a decision in the next 48 hours.
On June 25, the defense filed a motion to have the phone preserved. In that motion, it states that the commonwealth attorney and the sheriff's office had no knowledge that a phone even existed.
The motion went on to say that the medical examiner discovered the phone and included it in a list of personal effects. It claimed the sheriff's office and commonwealth attorney's office argued this must have been a typo or an error from a previous report.
The commonwealth attorney filed a motion in response on Tuesday, stating that they did not find out about the phone until June 10 when they received a complete autopsy report, more than two months after Noah's body was discovered.
The sheriff's office took custody of the phone two weeks later on June 26.
An official cause of death for Noah Thomas has still not been released. His mother, Ashley White, is charged with felony murder in his death.