BUFFALO, N.Y. — Joseph Conti will have to wait to see his children.

Conti was in Buffalo City Court Monday morning on charges unrelated to the January house fire that killed his young son.

He was in court on second-degree harassment charges stemming from an incident on New Year’s Eve between him and his wife.

The harassment charges led to an order of protection that prevents him from seeing his children from a distance of less than 100 feet or having any contact with his family.

The order was temporarily lifted to allow Conti to attend the funeral of his seven-year-old son Anthony, who died in the January 29 fire on Benginzer Street. Sources say Conti accidentally started the fire after using a blow torch to light a cigarette. Because of the order of protection, Conti should not have been in the home at all at that time.

In court Monday, Conti’s attorney filed  a motion under discovery demands. They're seeking evidence the Erie County District Attorney's Office has related to the case, like photographs or statements. The defense believes the DA's office doesn't have the evidence needed to prosecute the case and wants it dismissed. 

Familu and friends who were in court Monday, were wearing stickers with Anthony’s face and the words “I’ve got my wings, the Lord’s angel.”

He’s due in court again on March 26 and if the DA’s office does not move on the motion, the charge will be dismissed at that time.