CEDAR RAPIDS — A judge has ruled that prosecutors can’t use a portion of a police interview with a man, accused of killing his girlfriend and concealing her body in rolled up carpet, because he asked for a lawyer and investigators didn’t stop the interrogation.
Lawyers for Gregory Davis, 27, charged with first-degree murder, asked 6th Judicial District Judge Sean McPartland at a previous hearing to toss out Davis’s statements made to police, including a confession that he fatally stabbed Carrie Davis, 29, on Sept. 28 at 1280 14th St., the Marion home the two had shared. The defense argued Davis didn’t understand waiving his rights to have a lawyer present or to remain silent during a police interrogation.
McPartland found Davis understood the waiver.
The defense also argued both experts said Davis was “severely mentally ill, suffering from substance induced psychosis,” but whatever his mental diagnosis may be, it didn’t prevent him from responding coherently to the investigator’s questions about his rights, McPartland said in the ruling.
During the second half of the interrogation, Davis made it clear that he wanted an attorney, McPartland pointed out. Davis told the investigator “I probably need a lawyer, just to — I don’t know. I don’t want to talk about it really.”
Prosecutors argued that Davis was saying he didn’t want to discuss details of the argument with Carrie Davis that day but the audio recording indicates he said that in response to the investigator asking him what happened, McPartland said. The investigator also told Davis “I know you mentioned you want a lawyer,” which shows the investigator understood he was requesting a lawyer but he continued to question Davis.
Any statements made after Davis invoked his right to a lawyer will not be allowed at trial, McPartland concluded.
It’s unclear from the ruling and the previous hearing if Davis’s confession was made before he asked for a lawyer and can be evidence used at trial.
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Court documents show Davis told investigators that after he killed Carrie Davis, he placed her body in a roll of carpet on the utility trailer and moved the trailer to the his parent’s vacant rental at 560 Hillview Dr., near Hanna Park in Marion.
Police discovered the body about 9:15 a.m. Oct. 2, after talking to Davis’s mother, Kathy Davis, according to court documents.
A criminal complaint shows Carrie Davis had eight stab wounds to her back and other injuries.
Trial is set for September 10 in Linn County District Court.
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