Judge rules statements from Cedar Rapids man accused of trying to kill his ex-wife allowed

CEDAR RAPIDS — A judge has ruled that a Cedar Rapids man charged with trying to kill his ex-wife voluntarily waived his rights and provided details of what happened that July 2020, including his confession of the stabbing.

Anthony M. Depolis, 34, asked the court to keep his statements to police during an interrogation out of his trial, saying he didn’t have the mental capacity to waive rights.

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Depolis is charged with attempted murder, willful injury and assault while displaying a dangerous weapon (domestic abuse). He is accused of stabbing his ex-wife, Diana L. Depolis, 37, multiple times on July 6, 2020.

A psychologist testified last month that Anthony Depolis, who had a history of mental health issues — depression and anxiety and on the schizophrenia spectrum — hadn’t taken prescribed medications in the days before the stabbing and had been smoking marijuana, which he did daily.

Lindsay Dees, a forensic evaluator, said Depolis also had no memory of the police interrogation, saying he felt detached from his body and felt like he was under water during the questioning

Cedar Rapids police investigator Randy Jernigan testified that he read Depolis his rights before he started asking questions, and Depolis agreed to talk with him and another investigator. He understood the questions and gave appropriate responses, he said.

Sixth Judicial District Judge Ian Thornhill, in his ruling, said Depolis during the interrogation was advised that any possible statements could be used against him and he verbally confirmed he understood his rights. He “freely” provided details of the stabbing, often in narrative form, to the investigators, the judge said.

Depolis didn’t appear confused or upset, but he instead seemed to want investigators to understand his side of the story, including the history of events leading up to his actions that day, Thornhill said in the ruling.

Thornhill said he considered the psychologist’s opinion but it didn’t “negate” other circumstances surrounding the waiver and interview, including Depolis’ words and actions that were “clear and logical and the judge’s own observations.”

Thornhill also found Depolis’ statements to police after waiving his rights were the “produce of an essentially free and unconstrained choice, made by defendant at a time when his will was not overborne nor his capacity for self-determination critically impaired.”

No new trial date yet has been reset for Depolis.

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