BENTONVILLE — Defense attorneys are seeking to have a client's interrogation suppressed so it cannot be used as evidence against him during his capital-murder trial next month.
The attorneys have asked Circuit Judge David Clinger to suppress the interviews that Uris Magana-Galdamez gave about the murder of 17-year-old Derrick Jefferson.
Uris Magana-Galdamez, 20, is charged as an accomplice to capital murder and aggravated robbery.
He is accused of being a participant in the Centerton teen's murder.
The alleged shooter - Erickson Dimas-Martinez - is charged with capital murder and aggravated robbery.
Attorneys for Magana-Galdamez previously filed a motion in an attempt to suppress two interviews that their client gave to investigators.
The judge presided over a hearing Monday afternoon on the suppression issue.
Magana-Galdamez's first interview lasted only a few minutes and came to a halt after Magana-Galdamez told Jeremy Felton, an investigator with the Benton County Sheriff's Office, that he (Magana-Galdamez) did not understand English.
Springdale police detective Al Barrios interviewed Magana-Galdamez in Spanish for the Sheriff's Office.
Barrios testified that he reviewed Magana-Galdamez's rights with him in Spanish before questioning him. Barrios testified that he did not make any promises to Magana-Galdamez, nor did he (Magana-Galdamez) ask for an attorney.
Magana-Galdamez also signed a waiver that stated his rights had been reviewed with him, and he voluntarily agreed to talk with the detective.
During the interview, Magana-Galdamez claimed to be a juvenile. Barrios testified that the Springdale Police Department uses a different waiver form for juveniles than adults.
Barrios testified he paused the interview to talkwith other investigators and prosecutors about Magana-Galdamez's claims to be a juvenile.
Barrios said they decided to proceed with the interview because Magana-Galdamez was 17 at the time but was facing charges for a capital crime.
Magana-Galdamez's father - Roberto Magana - testified that his son does not speak English and that he completed the seventh grade in El Salvador.
Magana testified that he brought his son to the United States when he was 14 years old. "I decided to bring him here so he would have a better future," Roberto Magana said.
Clinger gave defense attorneys time to submit a brief to further expand on their suppression issue. The brief must be filed by Oct. 1; then prosecutors will have 10 days to file a response.
Clinger will issue a ruling at a hearing at 8:30 a.m. Oct. 20.
Magana-Galdamez and Dimas-Martinez, 24, will have separate jury trials.
Magana-Galdamez's trialis scheduled to begin Oct. 26, while Dimas-Martinez's trial will begin Jan. 19.
Court documents allege that Dimas-Martinez shot Jefferson as he and Magana-Galdamez drove Jefferson to his Centerton home from a party in Springdale in December 2006. Investigators said Dimas-Martinez demanded Jefferson's coat, shirt and $30 the teenager had offered for gas money.
Prosecutors are seeking the death penalty against Dimas-Martinez but cannot seek the punishment for Magana-Galdamez, who was 17 at the time of the crime. The U.S. Supreme Court has ruled it unconstitutional to sentence anyone to death for a criminal act the person committed while younger than 18.
If convicted of capital murder, Dimas-Martinez could be sentenced to death or to life in prison, while Magana-Galdamez would be sentenced to life in prison. The two face from 10 to 40 years or life in prison if they are convicted of aggravated robbery.
News, Pages 3 on 09/22/2009