Published: Mar 24, 2014 10:57 AM EDT
Updated: Mar 24, 2014 5:54 PM EDT

LEE COUNTY, Fla.- A judge will not throw out evidence collected in a Lee County murder case.

Lawyers finished jury selection just before 4:00 p.m. in Dustin Jaye's trial. He's charged with First Degree Murder in the death of Debra Striano during a home invasion robbery in 2012.

Jaye's lawyers wanted evidence taken from his home thrown out, saying it was collected illegally.

They say the warrant was based on "uncorroborated hearsay" from friends of Jaye who had "axes" to grind, and "motives" to lie.

A judge disagreed and will allow the evidence to be shown during the trial.

Opening statements will begin in the morning.     

Count on WINK News to be inside the courtroom.