In his ruling, Judge Albert Mitchell found that Muziwokuthula "Muzi" Madondo's state and federal rights had been violated after his requests for an attorney as well as his request not speak to the police had been ignored.
, who will preside over that trial, ruled on Monday that "the oral and video statements of the defendant are suppressed".
According to the ruling, Mitchell
found that Madondo
had twice asked for an attorney.
"At no time did the defendant waive his
right to counsel or his
right to remain silent.
The defendant clearly articulated on two occasions to law enforcement officials who were holding him in custody, both Texas and New Mexico officials, that he
wanted a lawyer and did not want to speak."
ruled that the subsequent interview with Madondo
was a violation of both his
state and federal rights to an attorney and to remain silent.
Mitchell rejected an application by Madondo's lawyer Roger Bargas to have the search warrant used to search Madondo and his van at the time of his arrest declared invalid.
said Bargas had argued that the statements obtained from Madondo
"were based upon the utilisation of the Bible, and therefore should be suppressed as fruit of the poisonous tree".
said that argument was not relevant since he
was suppressing the video and oral evidence as Madondo's rights to an attorney and to remain silent had been ignored.
It is in the video and oral statements suppressed by Mitchell, that Madondo allegedly confessed to the murder of FirstMerit Bank executive Jacquelyn Hilder (60).