Judge tosses some of Sykes’ statements
Posted on Thursday, October 9, 2008
Sykes
A judge ruled Tuesday that incriminating statements a murder suspect made to police after requesting an attorney cannot be used against him in trial.
Prosecutors can use earlier comments the defendant made after saying "the best thing I can do is (shut up ) and not talk about this without talking to a lawyer."
Jerry Donald Sykes, 55, faces charges of capital murder, kidnapping, robbery and theft in connection with the death of his 56-year-old girlfriend, Sandra Stokes, on March 2, 2007. Sykes is being held without bond in the Washington County Detention Center.
Sykes is accused of using Stokes' money to flee the country after suffocating and kidnapping her. Stokes' 11-year-old daughter found her mother's body inside her home on Shoreline Road in the Beav-O-Rama community in northeast Washington County.
Sykes was captured Sept. 19 near Tegucigalpa, Honduras, by Honduran officials and special agents of the U. S. State Department Office of Diplomatic Security. He was deported by the Honduran government and taken into custody by U. S. deputy marshals, who took him to Houston. He waived extradition and was sent to Washington County, where he was interrogated.
The case is set for a three-day trial beginning Oct. 15. Prosecutors are not seeking the death penalty.
Sykes'admissions to Washington County sheriff's deputies on Sept. 30 should not be allowed at trial because Sykes invoked his right to remain silent and then asked for an attorney, Sykes' defense attorney said. Capt. Chuck Rexford continued to interrogate Sykes after he requested an attorney, according to Sykes' attorney. Sykes had been read his Miranda rights before he was interviewed.
Sykes' initial comments about remaining silent were ambiguous and equivocal so the statements can be used at trial, but later statements he made after clearly requesting an attorney are not admissible, 4 th Judicial Circuit Judge William Storey ruled.
Storey's ruling allows this statement to be introduced into evidence: "... I mean it's pretty (inaudible ) evident that nobody was trying to kidnap her. What happened is beyond me. I will say this, OK ? The intent was not there. I mean I did not kill her and then tie her up. I actually resuscitated her, OK ? What I didn't do was I didn't... I didn't call 911. And at that right there, man, I've said a lot more than what I should have already probably said."
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