Prosecutors Ask Court To Allow Alleged Confession
by Associated Press
September 30, 2013 10:37 AM
State prosecutors are asking the South Dakota Supreme Court to allow an alleged confession by a teenager charged with murder.
A circuit court judge threw out Maricela Diaz's statement, saying she did not waive her right to remain silent when being questioned in the November 2009 death of 16-year-old Jasmine Guevara of Mitchell.
But Deputy Attorney General Sherri Sundem Wald argued to the high court Monday that Diaz is a street-savvy girl who was fully aware of her rights.
Diaz's attorney, Chris Nipe, said officers minimized the Miranda rights by saying they were "not a big deal at all."
Diaz, now 19, was 15 years old at the time of Guevara's killing but is being tried in adult court. Her boyfriend is serving life in prison in the killing.