BRUNSWICK, Ga. (AP) — A judge has thrown out some statements Guy Heinze Jr. made to police in the hours after they found six people dead and two critically wounded in the mobile home where he lived.
Superior Court Judge Stephen G. Scarlett issued the decision in a 42-page order this week, The Florida Times-Union reported.
However, the judge ruled that the blood-stained shorts prosecutors say Heinze was wearing may still be used as evidence in his death penalty trial. No trial date has been scheduled.
Heinze is charged with killing his father and seven others inside the mobile home in August 2009. Prosecutors say Heinze told officers he had been using crack cocaine before the shootings, and pointed them to a shotgun in his car’s trunk that was spattered with blood.
At an August court hearing, Glynn County officers had said they treated Heinze as a witness rather than a suspect when they first questioned him after he called 911 and cried: "My whole family’s dead."
Heinze’s attorneys had asked the judge to throw out evidence collected at the crime scene as well as statements Heinze made to police.
The defense lawyers had argued that police waited far too long to advise Heinze of his Miranda rights to not talk to police and for access to a lawyer. Although no one told him he was in custody at the crime scene, Heinze was not free to leave and should have been read his rights, they argued.
Information from: The (Jacksonville) Florida Times-Union.