McKINNEY -- A Collin County district court judge ordered Frisco police to return personal belongings of no evidentiary value to the family of Pallavi and Sumeet Dhawan on Wednesday.
But Judge Scott Becker's order comes with some conditions.
The items must be returned by Friday at 5 p.m. The judge stated, however, if the police department deems certain items have evidentiary value, the judge will decide which items should be returned to the family. It is unclear when that decision will be made.
Ten-year-old Arnav Dhawan was found dead in a bathtub at his family's Frisco home on January 29. His mother, Pallavi Dhawan, was charged with capital murder in the case.
Police said Mrs. Dhawan admitted to the murder by nodding when she was asked if she killed her son when they were called to the home in January.
Her husband, Sumeet Dhawan, and family attorney David Finn denied that Mrs. Dhawan admitted to the crime, but said she did nod "yes" when asked if the boy's body was in the locked bathroom. The family has maintained that the boy died from complications from a brain cyst.
The Collin County medical examiner said the 10-year-old's cause of death was undetermined, but also said he most likely died due to “natural disease."
Last month, Judge Becker ordered Frisco police to turn over a copy of medical records authorities seized from the family. But he also ordered that the original documents “remain in the possession of the FPD or any entity investigating on its behalf” until the conclusion of the investigation.
The family's vehicle was impounded by police after Pallavi Dhawan was charged. The Dhawans say they want the personal items from the car.
"They have Arnav's school bag, his journals, and all personal stuff," Sumeet Dhawan said. "I mean, why can't you give these things back? That's all we're asking."
Initially, Finn fought to get the vehicle back into the family's hands. But the judge ordered on Wednesday that the vehicle will not be returned and remain in Frisco police custody, along with a fax machine, hard drive for the vehicle, and passports.
The case is still with the Frisco Police Department. The department has maintained from the beginning that these items are crucial to the investigation.
The state prosecutor said in court, "we object to this being released, there's a little boy who is dead."