Mom and Boyfriend Allegedly Filmed Abuse of 3-Year-Old Boy Whose Body Was Found Encased in Concrete

A Kansas mother and her live-in boyfriend charged in the murder of her 3-year-old son — whose body was found last fall encased in concrete in their former home — allegedly filmed the boy’s abuse, according to a newly released police affidavit.

On March 14 — two days after those images were recorded, and one day after Evan’s father, Carlo Brewer, called 911 to request a police check on the safety of his son in his mother’s custody — Carlo Brewer’s attorney, Shayla Johnston, asked a judge to force the mother, Miranda Miller, to provide proof that Evan was alive.

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Johnston feared that Bodine was holding Evan hostage, and wanted the case referred for criminal child abuse prosecution, but the judge declined.

“He was tortured within days of me begging a judge to help him,” Johnston alleges to PEOPLE.

Seven days later, on May 26, Miller purchased concrete mix and a trowel, according to the affidavit, which does not state how or when the boy may have died.

Earlier this month Miller, 36, and Bodine, 40 were charged with murdering Evan, whose body was found by a landlord cleaning the home after evicting the couple. According to a police report, the landlord noticed a strange odor coming from a concrete structure. He contacted police, who discovered the remains that were later identified as Evan’s.

The child had not been seen since July.

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Neither Miller nor Bodine have entered a plea. Both are due in court Jan. 11, a spokesperson for the Sedgewick County District Attorney’s office tells PEOPLE.

A call by PEOPLE to the office of Miller’s attorney, Steven Wagle, was met with a no comment. Bodine’s attorney, Casey Cotton, could not immediately be reached and did not return a call from PEOPLE.

The affidavit recounts police interrogation of witnesses who described Bodine’s alleged drug use and physical abuse of Miller and others, including his daughter and a former wife of Bodine’s, who allegedly told officers, “He enjoyed hurting me. It was a power trip. It made him feel all-powerful.”

Evan was the grandson of former Wichita mayor and current Kansas gubernatorial candidate Carl Brewer.

Miller and Bodine are being held without bond.