Boy's taped confession won't be used in Arizona

ST. JOHNS, Ariz. — In a dramatic police interview that gripped viewers nationwide, a 9-year-old boy sitting in an overstuffed chair told investigators that he shot his father and another man, then buried his head in his jacket and said, "I'm going to go to juvie."

But that videotaped interview likely won't be a part of the trial.

(enlarge photo) In this Nov. 10, 2008 file photo, attendees of Vincent Romero's funeral service stand together around the hearse as Romero's casket is carried from St. John the Baptist church in St. Johns, Ariz. Romero's son, is facing two counts of premeditated murder in the Nov. 5 deaths of his father, 29-year-old Vincent Romero, and 39-year-old Timothy Romans at the family home in the eastern Arizona town of St. Johns. (AP Photo / Dana Felthauser)

Defense lawyers had asked an Apache County judge to suppress any statements the boy made to police or while in custody, arguing the boy was illegally questioned without an attorney or family member present.

Prosecutors said unless the boy takes the stand in his own defense and contradicts the statements, they had no objections to the motion.

The hourlong interview was one of the first items released by prosecutors, and it wasn't long before the country learned about the shocking double homicide in the small eastern Arizona community of St. Johns.

Defense attorney, Benjamin Brewer, questioned the validity of the so-called confession early on and said detectives lied to the child in pursuit of incriminating statements. Prosecutors said although they agreed to suppress the statements, their decision doesn't mean they agree the statements were illegally obtained.

The boy is facing two counts of premeditated murder in the Nov. 5 deaths of his father, 29-year-old Vincent Romero, and his father's co-worker and housemate, 39-year-old Timothy Romans, at the family home. Police say the boy used a .22-caliber rifle to shoot the men as they returned home from work.

The boy, who turned 9 last week, told police that he had been spanked five times the night before the shootings because he didn't bring home some papers from school. While in custody, he told a state Child Protective Services worker that his 1,000th spanking would be his last, according to police reports.

Prosecutors say the child was not prompted to make the statement and agreed with defense attorneys that anything said to the CPS worker should be suppressed as well.

Along with the police interview, defense lawyers also want the judge to throw out any evidence gathered from the crime scene, including a weapon, spent cartridges, blood samples, photographs and forensic material. The attorneys claim the search warrant is invalid because the magistrate who signed it was a friend of the Romero family.

Prosecutors said merely knowing the victim does not alter the neutrality of the judge. If the court finds the magistrate did not act impartially, prosecutors said the evidence should still be allowed at trial because law enforcement acted properly in obtaining it.

Apache County Superior Court Judge Michael Roca has not ruled on either defense motion.

The boy, who is not being identified because of his age, was in court Tuesday for a status conference. Dressed in blue sweat pants and a matching sweat shirt, he frequently turned to family members and smiled. He was brought in cuffed at the legs, and his hair was partially blond, a change since his last appearance in court in November.

The next hearing in the case is scheduled for Jan. 21.

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