( CNN ) -- Police violated the rights of a man charged in the death of a Little Rock , Arkansas , anchorwoman by interviewing him twice without his lawyer present , defense attorneys said in a motion . Anne Pressly spent five days in the hospital before she died from her injuries . The motion requests a judge bar police from `` interviewing , interrogating or otherwise communicating with '' Curtis Lavell Vance . In their response , however , prosecutors note that Vance initiated both interviews with police and waived his right to have an attorney present . A hearing is scheduled Tuesday on the issue , according to the Pulaski County court clerk 's office . Vance , 28 , is charged with capital murder , rape , residential burglary and theft in the death of Anne Pressly . Pressly , 26 , was found unconscious in her home October 20 and died five days later at a hospital . She was the morning news anchor for KATV , a CNN affiliate . Authorities have said Vance is linked to Pressly 's death through DNA testing . Little Rock Police spokesman Lt. Terry Hastings and prosecutor John Johnson declined comment to CNN Monday , citing a gag order imposed in the case . However , in Johnson 's response to the motion , he notes Vance initiated both of the interviews . In the defense motion filed earlier this month , Vance 's public defenders wrote they notified the court in December that he intended to assert his right to remain silent and communicate only through his counsel . A judge issued an order directing that police provide sufficient notice to defense counsel before transporting Vance . However , the defense alleges Little Rock Police transported Vance to a police station and interviewed him without notifying them in December and again in February . In December , the attorneys said they were notified by jail staff that Vance had been taken for a police interview . They went to the jail and waited at the inmate entrance in hopes of seeing him as he arrived but police `` deviated from normal practice and took him through an entrance on the opposite side of the building from that which is ordinarily used , thereby avoiding the possibility that Mr. Vance would see his attorneys . '' They said in December , police did not allow them to speak with Vance . In February , they claim in the motion , Vance was not notified of their request to speak with him during the police interview . Although police claim that both of the interviews were initiated by Vance , `` the detectives ' lack of candor with Mr. Vance during the interviews violates his Sixth Amendment right to counsel , '' the defense motion said . `` LRPD detectives have engaged in subterfuge and have violated both the meaning and the express language of a standing court order in their successful attempts to interrogate Mr. Vance outside the presence of counsel . '' But , prosecutors point out in their response , a defendant is allowed to initiate contact with authorities , even if represented by counsel . `` The only issue here is whether the defendant waived his Sixth Amendment right to counsel by initiating contact with the police , and clearly he did , '' Johnson wrote . They also said defense attorneys were notified in December that Vance was being transported from the jail -- by the jail staff . And in February , they said , police could not have violated the district court order in the case because the district court lost jurisdiction over the case when it was filed in circuit court -- as spelled out in the order itself . Prosecutors also note that despite requests by the defense to speak to Vance , `` As counsel knows ... law enforcement is under no obligation to allow an attorney access to their client under these circumstances unless the defendant asks for the attorney . '' Vance 's trial has been set for September 9 , according to court documents .
Motion says Little Rock Police interviewed suspect twice without lawyers . Curtis Vance , 28 , is accused of raping , murdering KATV anchorwoman Anne Pressly . Prosecutor says Vance initiated interviews , waived right to have attorney present .