CHICAGO (CBS) — A Cook County judge has denied a motion seeking to quash the arrest of the man charged with killing three of Chicago singer and actress Jennifer Hudson’s relatives in 2008.

As WBBM Newsradio’s John Waelti reports, William Balfour – accused in the shooting deaths of Hudson’s mother, brother and nephew in 2008 – was seeking to have evidence taken during his arrest thrown out. His attorneys filed a motion to have the arrest quashed, arguing he was doing nothing illegal at the time of his arrest.

LISTEN: WBBM Newsradio’s John Waelti Reports

A Cook County judge denied that motion on Tuesday, saying there was probable cause for the arrest, including multiple threats to the family, and the fact that Balfour was in the area when gunshots were heard in late October 2008.

Balfour, 30, the estranged husband of Jennifer Hudson’s sister, Julia, is charged with three counts of first-degree murder in the deaths of the Hudsons’ mother, Darnell Donerson, 57; their brother, Jason Hudson, 29; and Julia’s son, Julian King, 7.

Prosecutors have said, at the time of the murders, Julia Hudson had recently started seeing another man and told Balfour she didn’t want to speak to him. Balfour was allegedly making death threats against the family.

Donerson and Jason Hudson’s bodies were found inside their home on the South Side in October, 2008. Three days later, Julian King’s body was found in the back of Jason Hudson’s car.

Balfour is due back in court on Feb. 23.

Jennifer Hudson could take the stand when the trial gets underway in April.