The pre-trial hearings in the case of a fallen police officer Russell Timoshenko continued Tuesday, on the eve of the one-year anniversary since he died from gun shot wounds to his head.

The judge listened to arguments on whether statements made by Dexter Bostic, Robert Ellis and Lee Woods - all charged with murdering the officer - should be heard by a jury.

Attorneys for the defense say the statements should not be admissible in trial, claiming that police obtained them wrongfully.

?They had a letter stating that Bostic had representation, and they questioned them anyway,? says defense attorney Edward Wilford.

But prosecutors say that statements made by the accused to investigators after their arrest should not be thrown out because they were read their rights and agreed to the questioning.

?The bottom line is they committed a crime,? says Patrick Lynch, of the Patrolmen's Benevolent Association.

A year ago, officer Timoshenko was shot in the head when the accused allegedly opened fired on him and his partner during a routine traffic stop.

A defense lawyer says the judge is expected to reach a decision regarding the admissibility of the statements within several weeks. According to the district attorney?s office, the Timoshenko trial should start in the fall.

In the meantime, a memorial service will be held for Timoshenko at the 71st Precinct on July 14.