A judge denied a motion to throw out the arrest of the man accused of murdering Jennifer Hudson’s family.

William Balfour was arrested in October of 2008, but lawyers argued that he wasn't doing anything illegal at the time. A judge ruled Tuesday that Chicago police acted properly when they arrested an Balfour.

Balfour is the estranged husband of Hudson's sister, Julia. He is accused of killing Hudson's mother, brother and nephew back in 2008. Prosecutors say he was upset that Julia Hudson was dating another man.

Balfour is scheduled to go on trial on April 9.