Smith evidence linking frein to that murder, meantime, the defense rather is already raising questions about the legality of the states case. Accused murderer eric frein returns to court where pike county prosecute letters level their case against him before a judge. They are seeking the death penalty. In his hearing we should learn more about the events leading to up avianca his capture back on october 30th. He has been stripped of his guns, his bombs, and now, his freedom. Court documents allege that on the night of his capture frein acknowledged that he shot troopers because he wanted to make a change in government. A statement that reportedly led to Additional Charge of terrorism. Prosecutors note freins statement was made after he was advised of his constitutional right to stay silent and request a lawyer. Now, at issue will freins confession hold up in court . And was he denied initial access to an attorney . On september 12th, 2014, prosecutors say frein using a high powered rif