HAMPTON, Va. (WAVY) — A Hampton judge ruled he didn’t hear enough evidence in the courtroom to suppress what Cory Bigsby told detectives on the night his son Codi was reported missing. 

The specific timeline in question is between 9:33 p.m. on January 31 to 4:13 a.m. on February 1 when Cory asked for a lawyer. 

That means whatever was revealed to detectives during this time can be used during the trial. 

As part of the motion to suppress the questioning that took place, Cory Bigsby’s attorneys filed 10 subpoenas: six for Hampton Police officers and four for FBI agents. All 10 people are believed to have been involved in the interrogation of Bigsby.

The judge ruled to quash three of the four subpoenas for the federal agents.

An attorney argued these agents would have to be questioned in federal court instead of the state court. They did allow the FBI agent who conducted the polygraph test for the Hampton Police Department to be questioned.

In all, three Hampton Police Detectives and one FBI agent took the stand on Thursday.

The Commonwealth argued Cory was read his Miranda rights twice and knew he could leave at anytime. They say he voluntarily came to the police department on January 31 with three of his children.

The defense argued that Cory told detectives he was tired on multiple occasions and they say family members tried to come pick him up. 

Detectives told him they were all tired and they say he did not ask for an attorney until 4:13 a.m., so the judge focused on the time range of 9:33 p.m. when he went back for a polygraph test until 4:13 a.m. when he asked for a lawyer. 

“We’re just happy with the court’s decision and we believe that the evidence in the law was on our side,” said Hampton Commonwealth’s Attorney, Anton Bell.

“The judge thought that we didn’t have enough for him to suppress evidence, but we’ll see what the jury thinks on November 7,” said Cory Bigsby’s attorney, Curtis Brown.

Detectives say during questioning, Cory Bigsby revealed he had left the kids alone on a prior occasion to get McDonald’s. They say this is where the original neglect charges stemmed from. Bigsby, however, wasn’t officially arrested until February 3.

Advocates for Codi were in the courtroom and say they believe this case is turning into a circus and they just want to know where the missing boy is.

“Where is Codi?” said Charese Howard from We Are Codi’s Voice. “I’m sorry he brought this upon himself to leave but he didn’t, again, the question is where is Codi?”

Detectives say their focus was always on trying to find Codi. The FBI Agent also said Cory told her he wanted to do what he could to help find Codi.

The trial for the 30 child neglect and abuse charges Cory Bigsby is facing is slated to begin on November 7. Those charges don’t have anything to do with Codi’s disappearance. 

Check WAVY.com for the latest updates.