Andreas Erazo, now 23, who was sentenced to life in prison for killing 11-year-old Abbiegail Smith, will have a chance to seek a trial without his confession used against him.
Andreas Erazo, now 23, confessed to fatally stabbing his downstairs neighbor, Abbiegail Smith, andafter his attempts to have the confession deemed inadmissible were denied.
Erazo, who was 18 at the time of the killing, was sentenced to 63 years to life on the murder charge and 42 to 50 years on the sexual assault count, state prison records show.The appellate division of New Jersey’s Superior Court ruled Monday that a detective with the Monmouth County Prosecutor’s Office failed to read Erazo his Miranda warning during the first part of his questioning at police headquarters with a detective and Keansburg police officer.
“Detectives’ questioning was not ‘simply part of an investigation,’” the judges said in their ruling. “There was nothing noncustodial about either interview,” the judges wrote. “No reasonable person would have thought at anytime they were free to leave.” The ruling states the trial court erred in admitting Erazo’s confession and said the detectives exploited several aspects of the situation in order to obtain incriminating statements.
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