Lane confessed to opening fire Feb. 27 in the cafeteria of Chardon High School in Chardon, Ohio, killing three students and injuring three others. He has pleaded not guilty by reason of insanity, and will be tried beginning Jan. 14 in Geuga County, Ohio, Common Pleas Court.
His family, led by grandmother Carole Nolan, voluntarily went to the Chadron police station for interviews immediately after the incident, and police heard the family's pre-interview conversations, the Cleveland Plain Dealer reported Monday.
Lane's defense attorneys want the conversations to be considered inadmissible as evidence, claiming police illegally gained statements from recorded conversations while the family was speaking privately in a room at the police station.
"Unbeknownst to them, the room was wired for sound and recorded their statements to one another, and to others while speaking on their cellphones," the attorneys wrote in a pre-trial court document.
Defense attorneys will attempt to suppress the statements during a hearing Wednesday before Judge David Fuhry, the newspaper said.