SPRINGFIELD, Mass. (AP) - A Massachusetts judge has denied a motion to suppress statements made by a man currently being retried for murder.
The Hampden Superior Court judge ruled Tuesday that 49-year-old Angel Hernandez was not in custody when he made statements to police following the fatal shooting of Alberto Rodriguez in 2008. The Republican reports Hernandez was one of two men convicted of murder in Rodriguez’s death, but is now preparing for a new trial after witnesses recanted testimony.
His co-defendant, Charles Wilhite, was re-tried and found not guilty in 2013. Wilhite was later awarded a $1.4 million settlement from the city of Springfield.
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Hernandez’s attorney had argued her client was never read his Miranda rights during the interview.
Prosecutors and the defense agreed to move the retrial to Jan. 11 on Tuesday.
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Information from: The Springfield (Mass.) Republican, http://www.masslive.com/news/
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