Attorneys for both Markell Price and Majestic Malone have argued that statements in one of Malone’s interviews should be redacted.
In a hearing last week, attorneys for both the defense and the prosecution argued over whether comments made by police officers in an interview of Majestic Malone should be admissible as facts.
Assistant Attorney General Andrew Prosser argued that while statements made to police officers are not fact, reactions by the accused are.
Both defense attorneys argue that since some statements made by police officers are hearsay and others include the officers accusing Malone of lying, the reactions may not be fact.
Previously, Prosser said the state would allow an instruction to be used that would allow the statements to be played, but tell the jury to disregard them. However, the defense argues that the law allows the court to redact the statements that are not inadmissible in court.
Judge Mark Kruse is expected to rule on the motion before the joint trial of Malone and Price begins on Tuesday.
