Judge: Suspect’s comments to police won’t be tossed (UPDATE)

By: Associated Press//June 21, 2013//

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MILWAUKEE (AP) — A Milwaukee County judge says police who investigated an officer’s shooting were justified in not immediately reading Miranda rights to the officer’s husband because he didn’t become a suspect until later.

The ruling came Friday afternoon during the final pre-trial hearing for 30-year-old Benjamin G. Sebena. He’s charged with first-degree intentional homicide in the death of Jennifer Sebena, who would have turned 31 Friday.

Defense attorney Michael Steinle wanted his client’s statements to Wauwatosa police tossed out because detectives didn’t read him his rights during their initial six hours of questioning.

But Judge David Borowski said the questioning was broad enough that it didn’t rise to the level of an interrogation.

Steinle also acknowledged that a second psychiatrist who examined his client concluded there’s not enough evidence to support his current insanity plea.

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