Thompson asked a judge to release notes taken by the top detective in the case when the Thompson children were interviewed. He wanted to see what all seven had said to the authorities.

When he appeared in court, Aaron Thompson did not spend a great deal of time in the public eye. He spent less than five seconds walking from the elevator to a courthouse back room. He made no statement and avoided all cameras inside a closed court hearing where Aurora city attorneys were ready to argue against opening police records during the homicide investigation.

"We will certainly resist that and it's extremely inappropriate to give a potential defendant in a criminal matter the notes before charges are even filed so that they can start planning a defense well before the charges are filed," said Rob Werking, Aurora police legal advisor.

Because Thompson's attorney failed to properly file court documents the request was not granted but may be reconsidered in the future if the court papers are filed properly.

Also on Tuesday, the state again worked to resolve custody issues for Aaron's Thompson and Shelly Lowe's children.

"This was about the children, more than about the parents. It's about what we can do to make the children safe, what can we do to make sure they've got good, quality homes to go into," said Rev. Acen Phillips, a family spokesman.

Seven children were removed from the home on the day that police announced that they are no longer investigating a missing persons case but a homicide. Police believe that Aarone Thompson was killed more than a year and a half ago. Aarone's biological brother and Shely Lowe's five children and Lowe's teen brother remain in foster care.

Lowe gave birth to her sixth child -- a girl -- during the weekend, but the infant was immediately placed in protective custody.

The Department of Human Services is working to get the children placed with other family members.

"They are doing the best job they can do to get the kids placed, to get them stabalized so they can have some good relationship with relatives," said Phillips.

Thompson and Lowe remain "persons of interest" in the girl's disappearance. Investigators want to question them but they continue to refuse police requests for an official interview.

Thompson has not spoken publicly since the day he pleaded with the public to help him find his lost child.

"He's still traumatized.. It's gotta be devastating for a father to watch his home get crumbled and shaken apart. I am not clear if he's clear as to why this has happened to him and when the end will come," Phillips said.

The reason why Thompson attorney's subpoena was tossed out of court Tuesday was because she forgot to pay the transportation fee for the detective. Under the law, the attorney has to pay for the detective's travel to the courthouse if she subpoenaed him. The fee is about $5.

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