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A Virginia businessman who authorities say aided a woman who renounced being a lesbian and fled with her daughter during a custody dispute says prosecutors shouldn't be allowed to use cellphone bills in their case against him.

Attorneys for Philip Zodhiates (zoh-dee-AH'-tehs) will try to have the bills thrown out during a hearing Tuesday in federal court in Buffalo, New York.

Zodhiates is charged with helping Lisa Miller take her daughter out of the country to avoid losing custody to her former partner, Janet Jenkins.

Prosecutors say Miller and Jenkins broke off their civil union in Vermont in 2003 and Miller came to believe that her lesbian relationship was sinful.

Zodhiates is accused of helping Miller go to Canada via western New York and eventually to Nicaragua. He faces charges of conspiracy and international parental kidnapping.