A Montreal man accused in the death of his nine-year-old daughter is making another attempt to limit what prosecutors can present at his upcoming trial in New York state.

Luciano Frattolin, 45, has submitted a motion asking the court to exclude certain evidence, including material taken from his cellphone and statements he allegedly made to police. The application follows earlier rulings in which a judge declined to dismiss the charges against him or suppress items collected from his Montreal residence.

Authorities have released photos of 45-year-old Luciano Frattolin and his 9-year-old daughter, Melina. (Essex County Sherriff’s Office)

Frattolin is facing counts of second-degree murder and concealment of a human corpse in connection with the death of his daughter, Melina.

The investigation began the night of July 19, 2025, when Frattolin reported to New York State Police that his daughter had been abducted as they were returning to Montreal from a trip. Authorities issued an Amber Alert soon after. Hours later, the search ended tragically when the child’s body was discovered in a shallow pond near Ticonderoga, N.Y., about 200 kilometres south of Montreal.

Police have said the circumstances point to homicide.

Early autopsy results determined that Melina died from drowning, with asphyxia identified as the cause of death.

In the latest filing, Frattolin’s defence lawyer argues that evidence obtained through a search of his phone, as well as comments he allegedly made during a late-night ride with two state troopers while officers were searching for the girl, should not be admitted at trial.

A judge is set to hear arguments on the motion Wednesday at the Essex County courthouse. The trial is currently scheduled to begin in April.

Melina and her father entered the United States on July 11 for a vacation to New York and Connecticut and were due back in Montreal on July 20.

Frattolin and Melina’s mother have been estranged since 2019. Melina lived full time with her mother, who had not expressed concerns about letting her daughter spend time with her father, police said.

On the day she died, Melina spoke with her mother over the phone at about 6:30 p.m. and did not appear to be under duress, police said. About three-and-a-half hours later, Frattolin called 911 and reported his nine-year-old daughter missing and possibly abducted. But as the case progressed, officers identified alleged inconsistencies in the father’s account of events and the timeline of Melina’s disappearance.

—With files from The Canadian Press