Barry Lee Whelpley, 78, is charged with aggravated criminal sexual assault and first-degree murder in the death of Julie Ann Hanson. The Minnesota man was arrested two years ago after DNA evidence linked him to the case.
In a recent defense motion, attorney Terry Ekl argues that statements Whelpley made to Naperville investigators at a Minnesota police station should be excluded because his statements were a continuation of a seven-hour interrogation at his home.Will County Judge David Carlson last year ruled statements Whelpley made to police or his wife at his home were inadmissible.
by signing up you agree to our terms of service In his motion, Ekl argues that even though Whelpley was read his Miranda rights at the police station, investigators continually referenced statements he made to police at the home. According to a video of the interrogation, police spent the first 15 minutes summarizing what Whelpley said at his home. Allowing the statements from the police station would circumvent Carlson's previous ruling, Ekl argued in his motion.
Ekl, who was in court Tuesday with Whelpley to set a hearing date on the motion, would not detail what Whelpley said to police. However, he did say Whelpley did not confess to the killing.
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