SD Prosecutors Seek to Reinstate Murder Confession
by Associated Press
January 30, 2013 9:24 AM
State prosecutors in South Dakota say a teenager's alleged murder confession should be reinstated because she freely gave it to police.
The state Supreme Court is considering an appeal of a judge's decision last August to toss out the alleged confession because he said Maricela Diaz didn't waive her Miranda rights.
Prosecutors say in their written brief to the Supreme Court that Diaz was advised of her right to remain silent twice in English and once in Spanish, and that Diaz wasn't confused when she was questioned in the November 2009 death of Jasmine Guevara of Mitchell.
Defense attorneys have until mid-March to file their brief.
Diaz was 15 years old at the time of the killing but is being tried in adult court.
