Weld District court Judge Marcelo Kopcow has ruled that defendant statements made after 39 minutes of questioning while be dissallowed after Andrade told Greeley detective Greg Tharp ‘I’m done. Yeah, I’m not talking right now’ [that] “… is a clear statement of the defendant’s request to remain silent and cut off further questioning..”
Also disallowed is evidence possibly increasing the severity of sentencing due to Andrade’s alleged gang membership in which sexual activities outside of the heteronormative is punishable by beatdown, expulsion and even death making killing of Zapata seem as imperative to Andrade.
What is not known is the content of the confession prior to the 39 minute point.
According to the comprehensive article by the Greeley Tribune the evidence that will be allowed at the trial scheduled to begin on April 14;
“Statements to police admitting to stealing Zapata’s car.
Recorded phone calls Andrade made from jail to his girlfriend.
Evidence from a friend saying Zapata looked convincingly like a woman.
Evidence and photos from Andrade’s cell phone (though some pictures are out). The cell phone notes 670 separate communications between Andrade and Zapata between July 1-16, 2008.”
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