BLUE EARTH - A judge has ruled that evidence in the first-degree murder case against Brian Daniel Freeman, 29, will not be thrown out.
Freeman faces 11 felony counts, including murder in the first degree, in the death of Christopher Fulmer, 37, of Blue Earth, on Feb. 20.
Freeman also is accused of severely injuring his wife, Candice Freeman, and her two teenage daughters.
Freeman allegedly broke into Fulmer's residence and attacked him and the three females with a hammer, causing head injuries to all four.
Attorneys for Freeman argued July 18 in front of Judge Douglas Richards that evidence against their client should be thrown out because Freeman had not been advised of his Miranda rights when he made statements to police, turned over clothing and allowed officers to search his truck. But prosecutors argued that Freeman was not under arrest at the time he made the statements or when turned over the evidence, so officers were under no obligation to read him his Miranda rights.
Miranda rights, named after the domestic violence trial of Ernesto Arturo Miranda in 1966, include the right to remain silent and include a warning that if you give up the right to remain silent, anything you say or do can and will be held against you in a court of law. It also advises of the right to an attorney and that if you cannot afford an attorney, one will be appointed. The person is then asked if they understand these rights.
"It is important to note that Miranda rights do not go into effect until after an arrest is made," according to www.mirandarights.org. "The officer is free to ask questions before an arrest, but must inform the suspect that the questioning is voluntary and that he or she is free to leave at any time. The answers to these questions are admissible in court."
Richards concluded that Freeman's statements were made voluntarily, and that he voluntarily allowed officers to search the truck and other evidence, therefore the motion to suppress Freeman's statements and the evidence were denied.