Accused murderer's lawyers want to talk with actress Jennifer Hudson

(CBS) - Lawyers for the man accused of killing three of Jennifer Hudson's family members want to sit down with the Academy Award-winning actress in case she is called to the stand in the April murder trial.

NBC Chicago reports William Balfour, 30, is scheduled to stand trial for the 2008 murders of Hudson's mother, brother and nephew.

The Chicago Sun Times reports Balfour's lawyer, April Thompson, argued before a judge Tuesday that though Hudson has never been identified as a witness. There is a text message Jennifer Hudson sent her mother around the time of shooting could be possible evidence.

Thompson argued Balfour wasn't breaking the law when officers took him into custody and his arrest should be thrown out.

Thompson made the request Tuesday as she and Cook County prosecutors deliberated over whether there was enough "probable cause" for Hudson's estranged brother-in-law's Oct. 24, 2008 arrest.

Thompson is seeking to have Balfour's arrest thrown out, arguing he wasn't doing anything illegal when he was picked up after officers traced his cell phone to his girlfriend's apartment.

Assistant State's Attorney James McKay insisted the judge take into consideration what Hudson's sister, Julia, told officers about how her estranged husband repeatedly threatened to murder her before her family was found dead.

The judge is expected to rule on whether to toss out Balfour's arrest on Feb. 14.

More on Crimesider:

January 19, 2012 -- Trial set for man accused of killing family of Oscar-winner Jennifer Hudson