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2842/09 - Maryland Courts

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was shot Aapparently accidentally.@ Thereafter, according to appellant, Zurita exited the vehicle,<br />

followed by Jackson, who shot and killed Zurita.<br />

In addition to detailing the planned robbery and the fight between Jackson and Zurita, Cpl.<br />

Mann testified that appellant described the gun that was used to kill Zurita and offered to show him<br />

where he had thrown the gun into a river in Harford County<br />

Recorded Statement<br />

At approximately 7:00 p.m., following his statements to Cpl. Mann and Sgt. Becker during<br />

the second interview, appellant provided a twenty-one minute recorded statement in which he<br />

described the fight between Jackson and Zurita as a Arobbery gone bad.@<br />

Motions Hearing<br />

On February 2, 20<strong>09</strong>, appellant filed a motion to suppress Aany and all statements allegedly<br />

made by [appellant] to police@ on April 1, 2008 at the <strong>Maryland</strong> State Police Forestville Barracks,<br />

on the ground that the statements were not voluntarily provided by appellant. In particular,<br />

appellant sought to suppress the statements made during the first and second interviews, as well as<br />

the recorded statement.<br />

The circuit court held a hearing on appellant=s motion to suppress on March 11, 20<strong>09</strong>.<br />

Sgt. Becker testified at length during the suppression hearing regarding the first interview with<br />

appellant, and her testimony is excerpted below:<br />

[PROSECUTOR]:<br />

[WITNESS]:<br />

Prior to interviewing the [appellant], what, if<br />

anything, did you do?<br />

Just had a very brief conversation, basically to<br />

determine who was going to go in to do the<br />

interview. And it was decided that myself and<br />

[Cpl.] Batchell would go[.]<br />

5

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