KNOXVILLE, Tenn. (WVLT) -- Attorneys for accused killer Lemaricus Davidson say his case should be tossed, alleging the Knox County Sheriff's Office violated his attorney client privilege.

The defense has also raised concerns about recently discovered mystery DNA.

The defense says KCSO intercepted a letter Davidson wrote his attorneys related to "factual issues and strategy in the case," according to motion filed Thursday.

Defense Attorneys David Eldridge and Doug Trant accuse the sheriff's office of copying it and giving it to the Knox County District Attorney General's Office..

"The interception and review....violates attorney client privilege. Under these circumstances....Mr. Davidson has suffered irreversible prejudice," Eldridge wrote.

Davidson's defenders want the entire 46-count indictment he faces dismissed.

Davidson's the second of four suspects going to trial for the January 2007 carjacking, rape, and murder of Channon Christian and boyfriend Christopher Newsom.

"This could be a real problem," Knoxville defense attorney Bruce Poston said. "[KCSO] is monitoring the mail to make sure about safety, escapes, and all those kinds of things. But when it's a letter to a lawyer, that's prohibited."

Poston said it's unlikely the case will get dismissed, but says this could still impact Davidson's trial.

"I could see the defense saying, 'Ok. You can't strike the case, then get these prosecutors who know my strategy off the case," Poston said.

Christopher Newsom's parents call the motion a ploy by the Davidson's
defenders.

"For him to put some sort of strategy in that letter is a setup," Hugh Newsom said.

The Christian family stands behind the state prosecutors.

"I doubt the [District Attorney's Office] did anything unlawful or out of line," Channon's dad, Gary Christian, said.

Davidson's attorneys also have raised new concerns about unknown DNA found on Christian's undergarments.

The defense says a specialized test has found "male DNA from two unknown individuals on panties that have been established to have Ms. Christian's DNA on them."

Court documents show the tests results exclude Davidson, half-brother and convicted killer Letalvis Cobbins, co-defendant George Thomas, convicted accessory Eric Boyd, as well as Newsom.

Both the Christian and Newsom families aren't worried.

"It raises issues, but none of the issues pertain to Davidson," Hugh Newsom said.

"We won't rest until we know who it is," Gary Christian said. "But the defense is grabbing at anything they can to cause havoc. This doesn't have anything to do with what Davidson did."

Testimony in Letalvis Cobbins trial showed forensic tests have found Davidson's DNA on Christian's body and clothes.

Investigators also discovered Davidson's fingerprints on the trash bags that held Christian's body.

"It's more about where his DNA is and his fingerprints. That's going to be the key," Poston said.

The Christian and Newsom families just want to get to trial.

"The stress is getting higher and higher it seems like the longer we have to wait," Mary Newsom said.

Volunteer TV called the Knox County Sheriff's Office about it's mail monitoring policy. A spokesperson declined to comment because of how it could impact the case.

Assistant District Attorney Leland Price would only say the copy of questioned letter was given to the defense during the discovery phase.

Price also said the situation would become "more clear" after a motions hearing set for October 15th.

Testimony in Davidson's trial is set to begin October 19th.

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KNOXVILLE, Tenn. (WVLT) -- Last-minute testing turns up more new DNA evidence in Lemaricus Davidson's double murder trial.

A new motion filed Thursday show that DNA testing on Channon Christian's undergarments reveal DNA from sperm not linked to any of the victims or suspects in this case. The semen apparently comes from two men not already associated with this case. That means it does not belong to Davidson, Letalvis Cobbins, George Thomas, Eric Boyd nor her boyfriend Christopher Newsom.

Another motion filed Thursday alleges Knox County detention officers intercepted a letter Davidson wrote to his defense team and turned it over to prosecutors.

Davidson's defense attorneys are also targeting the the felony murder law Davidson is charged under in several counts of the 46-count indictment against him. Attorneys allege that the provision in Tennessee state law that allows for felony murder to be punishable by death is unconstitutional, infringing on Davidson's Eighth Amendment right against cruel and unusual punishment and his 14th Amendment right against deprivation of life, liberty or property without due process of the law.

Davidson is on trial for the January 2007 carjacking, kidnapping, rape and murder of Christian, 21, and Newsom, 23.