PIERRE, S.D. (AP) - The South Dakota Supreme Court has ruled that the prosecution can present an alleged confession to police during the trial of a teenager who’s charged with murder because she “knowingly and intelligently” waived her Miranda rights.
The high court’s opinion was announced Thursday regarding the trial of Maricela Diaz, who is charged with first-degree murder in the November 2009 death of 16-year-old Jasmine Guevara. Diaz was 15 at the time, but is being tried in adult court.
Prosecutors contend that Diaz and boyfriend Alexander Salgado lured Guevara to a remote site near Mitchell, stabbed her and left her to die in the trunk of a burning car. Prosecutors also say that Diaz, who had a child with Salgado, was jealous of a developing relationship between Salgado and Guevara.
In reversing a lower court’s ruling that suppressed Diaz’s statements, the justices said they believe Diaz she understood her right to remain silent before allegedly confessing.
Diaz’s attorney, Chris Nipe, did not immediately return a call seeking comment.
South Dakota Attorney General Marty Jackley in a statement said he is pleased with the high court’s ruling and the state is ready to move forward with the jury trial, which has not been scheduled.
Salgado pleaded guilty to second-degree murder in the case in 2010 and is serving life in prison. His plea saved him from possibly facing the death penalty.
Diaz, a Mexican native who lived in Fort Wayne, Indiana, before running away to South Dakota, received her Miranda rights twice in English and once in Spanish.
“The advisements as a whole and Diaz’s responses exhibit she understood that she could stop questioning at any time,” the justices wrote. “During the Spanish advisement, Diaz stated she understood her right to ’remain silent.’”
The court’s opinion state that Diaz lied to law enforcement about her age, name and whereabouts.
Diaz faces several other charges along with the first-degree murder charge, but, if convicted, cannot be sentenced to death because of her age at the time of the alleged crime. She could face life in prison.
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