Any statements made by Christopher Burleson to Toledo police when he was arrested for the Thanksgiving Day murder of Marc LaShawn Draper cannot be used during his April trial, a Lucas County Common Pleas judge ruled yesterday.
Judge Denise Ann Dartt granted Burleson s motion to suppress his statements.
Filed by attorney Matt Fech in January, the motion claimed that the detective who interviewed Burleson failed to properly advise Mr. Burleson of his Miranda rights prior to his questioning.
The motion further stated that the detective continued to question Burleson even after he invoked his right to have an attorney present.
Burleson, 42, of 1706 Joffre Ave., is charged with one count each of murder, aggravated robbery, and having a weapon as a felon, each with a gun specification, as well as obstruction of justice.
Burleson is accused of killing Mr. Draper, 36, in his home at 1638 Freeman St. Mr. Draper was killed by a single gunshot wound to the left side of his head.
Burleson also is charged with domestic violence in an unrelated case. That charge stems from accusations of an assault on the mother of his children.
Burleson, who is in the county jail in lieu of a $500,000 bond, has a May 13 trial date.