On Thursday, November 14, Erick N. Walker, 27, the suspect in the drive-by shooting that killed 15-year-old Molly Conley on South Lake Stevens Rd. on June 1, appeared in Snohomish County court.
Deputy prosecutor Ed Stemler asked the judge to allow Walker's statements on the day of his arrest, to be used at his upcoming trial.
The prosecutor said that at the time of questioning Walker did ask if there was an attorney at the sheriff's office but that he never requested to speak with an attorney. He also said that Walker never exercised his right to stop talking with police.
Walker was arrested at his home in Marysville on June 28 and at first refused to speak to police. However, he later provided a three-hour taped interview.
Prosecutors argued that Walker was advised of his right to remain silent and to have an attorney present when being questioned.
Defense attorney Mark Mestel said that Walker was told by police that he may have to wait for an attorney to join them in the interview which Mestel said as a ploy designed to receive a waiver.
Judge Marybeth Dingledy expressed that while she understand Mestel's argument, she didn't know of any case law that suggested that the police did anything wrong. Dingledy concluded that Walker made an informed decision when he chose to speak with detectives.
Walker at first told detectives that he got lost while driving around Lake Stevens that night and that he did not fire a gun at homes or cars and he denies killing Conley.
During the hearing Dingledy also set condition for examine the bullets, guns and other evidence found in this case.
Walker's trial is set for some time in March.