Olathe ? Lawyers for the man charged with kidnapping a teenager from a Target store parking lot, before raping and killing her, told a judge Friday they had concerns about the handling of store surveillance videotape that showed the teenager at her car.

Edwin R. Hall, 26, has been charged with capital murder, rape, aggravated sodomy and aggravated kidnapping in the death of Kelsey Smith, 18, of Overland Park. The capital murder charge makes Hall eligible for the death penalty if convicted, but prosecutors have not said yet if they will seek the death penalty.

Smith, 18, was kidnapped June 2. Grainy surveillance video broadcast nationwide showed her being confronted by someone and pushed into her car. Her body was found four days later in a park about 20 miles away in Missouri.

Hall’s lawyer, Paul Cramm, told Johnson County District Judge Peter Ruddick during a hearing on motions about evidence that the defense needed access to the original Target store videotape that showed Smith going to her car.

Cramm said that tape was viewed early on by police who said it showed Smith getting in her car and driving away. It was not until the tape was enhanced by Target store employees that Smith appeared to have a confrontation with someone at her car, Cramm said.

“Two separate law enforcement officers were in concurrence that the video appeared to show the victim entering the car and driving away,” Cramm said of the original video. “No one is seen at the time she enters the car and leaves, no one approaches her, and no one walks away from that area.

“It is only after the video is enhanced, and not enhanced by the crime lab or law enforcement, but enhanced by Target video lab personnel, that the video now shows a figure crossing,” Cramm said.

Cramm said he didn’t “dispute that the video shows what it says it shows.” But he said, “unless the original video has been preserved such that defense has an opportunity to view what this video did look like when it was first reviewed by law enforcement … it’s difficult to know.”

Johnson County District Attorney Phill Kline said he had received the original video Friday and would make it available to Cramm’s office.

Cramm also presented several other motions, including a request to have a defense expert present when DNA samples from the case were tested in a way that would destroy them. Ruddick denied that request.

“If the state does something with the evidence that allows the defense to come in and suppress it, then we’ve done something terrible. I’m not so much interested in philosophy as I am in how to get this case fairly tried before a jury,” Ruddick said.

Hall’s wife, Aletha Hall, joined him in court for the first time since his June 6 arrest and sat directly behind him. Smith’s parents, Greg and Missey Smith, also attended the hearing.

Ruddick has issued a gag order in the case prohibiting those involved from talking with the media and witnesses. Ruddick, however, granted a defense request that Hall be allowed to have contact with his wife.

Both Aletha Hall and the Smiths left the hearing without commenting. Hall’s preliminary hearing was scheduled for Aug. 15.