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A judge on Tuesday upheld the arrest of the man who allegedly killed three of singer Jennifer Hudson’s family members in 2008.

Attorneys representing William Balfour had aimed to convince a judge that the arrest of their client – and evidence from a warrantless search – should be thrown out because Chicago police lacked “probable cause,” the Chicago Tribune reports.

Judge Charles Burns ruled, however, that Balfour’s Oct. 24, 2008 arrest was “proper, particularly given that Balfour had previously threatened his estranged wife, Hudson’s sister Julia, according to the Chicago Sun-Times.

“There’s no reason to deny the veracity of prior threats,” Burns noted, the Sun-Times reports.

Balfour, too, was reportedly in the area where the slayings took place when gunshots were initially heard, according to CBS Chicago.

Balfour, 30, is accused of killing Hudson’s mother, Darnell Donerson; brother, Jason Hudson and 7-year-old nephew Julian King – allegedly because he suspected his ex, Julia, was in a relationship with another man.

In 2008, Balfour’s former attorney claimed that no fingerprint, blood or other forensic evidence linked the man to the slayings, but prosecutors argued that evidence such as gunshot residue on the steering wheel of his car links him to the crimes.

Last week, Balfour’s attorneys said they wanted to meet with Hudson before their client’s trial begins in April, in case the star singer and actress is asked to take the stand. Attorneys reportedly want to know more about calls and text messages Hudson may have exchanged with her mother shortly before the murders took place.

Balfour is next expected to appear in court on Feb. 23.