A man accused of a disturbing crime is trying to get evidence thrown out, but investigators said there is enough cell phone evidence gathered against Jorge Guerrero when it comes to the kidnapping and death of 9-year-old Diana Alvarez.
The judge did not make any ruling on the impression of evidence motion on Wednesday. Statements made by Guerrero to law enforcement on June 3 through June 5 of 2016, when he was first interrogated by detectives in Okeechobee, are at issue.
Hours of the interrogation and the one that followed in Fort Myers by Lee County Sheriff’s Office detectives were reviewed.
Guerrero spent 25 hours getting interrogated in Okeechobee. He can be heard saying in Spanish that he is tired and that he would rather be taken to a cell than continue.
The defense argued their client wanted to stop, but detectives aggressively kept questioning.
They called this a two-step process since the interrogation continued to Lee County. But the state argued it wasn’t a two-step process. That’s because Guerrero never made any self-incriminating statements.
He was read his Miranda Rights in Spanish three times, which he acknowledged and said he understood. They said he had plenty of breaks to rest, drink water and eat.
But the judge asked the state…
“When they, at any point during that interview, say I want to stop talking, in an unequivocal way, isn’t the law that the interview must stop?” the judge asked.
“Yes. However, in response to that, your Honor, the law is also clear that re-initiation can occur in certain circumstances,” responded a state prosecutor.
The state then presented the judge and defense other case laws where re-initiation of interrogation was at play. The judge said she would have a written ruling on the motion on Friday.
Guerrero is set to stand trial for the killing of 9-year-old Alvarez in September.