Cellphones will be transported across the state so a defense expert can examine them in preparation for a New Kensington death penalty case, a Westmoreland County judge ruled Friday.

The phones, which were seized by investigators as evidence against Jean J. Charles, 42, of Brackenridge, will be transported to Philadelphia for a forensic evaluation, said public defender Michael Garofalo.

“I think the defense is entitled to have an independent expert” review them, Judge Meagan Bilik-DeFazio said in granting the defense motion.

Charles is facing a potential death penalty if he is convicted of killing his 9-year-old son, Azuree Charles, on May 4, 2022. He is awaiting trial on charges of homicide, concealing the death of a child, tampering with evidence and related offenses.

He is accused of strangling the boy then dragging the child’s body over an embankment and hiding it under lawn furniture, police said. Video and photos of a man identified as Charles shows him carrying a shovel and pushing his son’s bike in the hours and locations near where police believed the killing took place, according to court records.

Prosecutors contend Charles had a violent history with his son and was prohibited from having any unsupervised contact with him.

Assistant District Attorney Leo Ciaramitaro said a forensic analysis of the phones has been completed and its results shared with the defense. He offered to allow the defense expert space at the district attorney’s office to examine the phones.

“Obviously, the concern would be cost” for travel, as well as the expert’s needs for equipment to do the evaluation, Bilik-DeFazio said.

Chief public defender Wayne McGrew requested Bilik-DeFazio reconsider her scrutiny of bills related to a mitigation expert working on Charles’ case. In July, the judge said she would limit defense spending of taxpayer funds in the case because budgetary limits had been exceeded for all court-paid expert witnesses.

Westmoreland County public defenders hired Insight Mitigation, a private Pittsburgh-based firm, to assist in preparing a defense to argue Charles should not be sentenced to death should his trial end in a conviction of first-degree murder.

The judge in late June started reviewing expert bills in Charles’ case and said she will approve specific payments for required work. The company’s pay will be limited to only work deemed necessary for the defense of Charles.

McGrew said he could present testimony to show what the mitigation specialist is doing and why that work is needed.

“I want better justification for it,” Bilik-DeFazio said.

A hearing will be set at a later date.

Azuree Charles’ mother, Luella Elien, 31, now of Pittsburgh, was charged with aggravated assault, child endangerment and hindering prosecution in connection to allegations she allowed the boy’s father to have contact with their son despite court-ordered restrictions. She allowed Jean Charles to stay in the family home at East Ken Manor in New Kensington.

Elien is free on $50,000 bail as she awaits disposition of her case and is believed to be cooperating with prosecutors.

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