In a court document filed Thursday morning, Majestic Malone’s attorney accused the prosecution of not knowing the circumstances surrounding his confession to police.
Earlier this week, Malone testified that he was told by deputies at the Lee County jail that he was going to meet his attorney. However, Malone said when he left his cell he was placed in hand cuffs and taken to a room he had never been in before. Malone also testified to being met by Burlington Detectives who asked for a DNA sample. He refused, stating that his DNA is already in the system due to prior felony convictions.
It was at this point Malone says Detective Chiprez told him it was time to talk. Malone said he refused to speak with Chiprez but said he would speak with Detective Tripp. The conversation was not caught on camera as there are no cameras in the first room Malone was taken to. However, there was a camera in the second room.
Mark Dial, Malone’s attorney, argued that the state presented no evidence to contradict Malone’s testimony and instead chose to ignore Malone’s statements in their arguments before the court.
Dial argued that the Iowa Supreme court has found that interrogating suspects who already have attorneys without first informing the attorney violates the rights of the accused to counsel. He said the entire confession should be thrown out and not allowed to be used in court.
Judge Mark Kruse is expected to rule on the motion before Malone’s trial commences on Tuesday
