Tuesday, March 20, 2018

Motion: Jalen Vaden statement should be tossed because he asked for Judd McPherson

In a motion to suppress filed Monday in Jasper County Circuit Court, the attorney for Jalen Vaden says her client's statements should be tossed out because he asked for a lawyer.

Vaden, 22, Carl Junction, who is charged with second degree murder and felony child abuse in connection with the death of three-year-old Jayda Kyle, signed a waiver of his rights at 12:55:18 a.m. December 6, according to the motion, but immediately afterward asked, "Is Judd here?"

Vaden was referring to Judd McPherson, who besides being Jayda Kyle's maternal grandfather is also a  lawyer.

When he asked for McPherson, attorney Tracey Martin said in her motion, he was "invoking his right to counsel during the interrogation."


Martin pointed out that the officers were fully "aware and familiar with Judd McPherson and his status as a criminal defense attorney, therefore defendant's request for his attorney was not equivocal or ambiguous."

Martin said Vaden did not "voluntarily and knowingly waive his right to counsel" since he immediately indicated he wanted McPherson there.


Vaden is being held in the Jasper County Jail in lieu of $1 million bond- $750,000 cash or surety and $250,000 cash only.

The abuse that led to Jayda Kyle's death took place November 30 in the home shared by the child's mother, Devyn Kyle and Vaden at 405 Meadow Lake Drive, Carl Junction. The child died December 2 at Children's Mercy Hospital in Kansas City.

In the motion to suppress, Martin asked that a hearing be held 9 a.m. Monday, April 2. Online court records indicate at this point the next hearing in the case is scheduled for 9 a.m. Monday, April 16.

Judge David Mouton has scheduled the trial as the second case out on the June 25 docket. If it is not held then, it will be the first case on the July 9 docket.

The trial is expected to last five days.


Previous posts

Bond set at $1 million for Jalen Vaden, trial may be as soon as June or July

Despite social media claim, Judd McPherson was not at daughter's home the night Jayda Kyle was abused

Recordings of interviews with Jaden Valen, Devyn Kyle among items turned over to defense during discovery process

Gag order expected in Jalen Vaden case

Reporter/Carl Junction City Councilwoman threatens Jayda's Beat founder, says Vaden guilty, McPherson not involved
Press conference claim: Jalen Vaden confession to Jayda Kyle murder was coerced

Jasper County Prosecuting Attorney outlines evidence against Jalen Vaden
Jalen Vaden to Jayda Kyle's father: I pray that you know I didn't do this to her

Family of accused Jayda Kyle murderer suspects outside manipulation as SMB, GoFundMe shut down accounts

Explosive court documents claim Jayda Kyle's mother turned her death into a social media event

Jayda Kyle's mother to answer questions under oath; defense to add Judd McPherson as a witness

Dankelson refuses to recuse from Jayda Kyle murder case, says he does not have a close relationship with Judd McPherson

Jalen Vaden's lawyer asks for change of judge, cites Dankelson's close relationship with Judd McPherson

Jalen Vaden bond decision delayed, preliminary hearing waived
Accused killer of Jayda Kyle to waive preliminary hearing
Bond motion filed for accused killer of three-year-old Jayda Kyle

Jasper County Sheriff: We are still investigating Jayda Kyle's death

Children's Division documents: Grandfather attempting to manipulate Jayda Kyle murder investigation

Juvenile Office documents: Jayda Kyle suffered bleeding from brain, severely torn retina, probably already brain dead when she arrived in K. C.

Some thoughts on the Joplin Globe's article on the Jayda Kyle murder investigation

Probable cause: Carl Junction man abused three-year-old, left her on the floor bloody, unconscious

Jayda Kyle obituary

8 comments:

Anonymous said...

What a POS! HE did not ask for "his" attorney. According to what you have reported above he asked if Judd was there - the grandfather of the beautiful little girl he murdered. As if Judd would defend the POS!. I would say he was asking -knowing that as soon as Judd found out he had killed that little girl his life was over. NOT that Judd was his attorney. What a load!

Anonymous said...

Lol!

When the truth comes out you'll look like a fool!

Jalen is innocent, your silly.

Your gonna have to get over it!

The truth is coming!

Anonymous said...

I agree that his statement should not be allowed.
I believe that he asked for Judd because he knew Judd was coming to the police station and was going to be able to give him advice in a professional capacity.
No doubt in my mind.

Anonymous said...

I'm so over it.
Everyone involved knows he did this including his family and the Kyle's who all read every grisly detail of his not coerced confession!

Anonymous said...

Well folks, this kind of straw grasping shows that this fool has no defense. Sorry BLM and NAACP, Johnny Cochran is dead. Another guilty POS will not go free. Lesson 1, NEVER speak to the police about ANYTHING until your lawyer arrives!

Anonymous said...

The whole situation is sad.
It sounds like we now know Judd was Never at the house and NEVER wrote the confession for Jalen. Yet, the FB jury hung Judd. It will be interesting when more truth comes out.

Anonymous said...

Either way, the mother was there and should of known what was happening with her child. She was supposed to protect her innocent daughter and she failed.

Anonymous said...

A mere motion by a lawyer is not the same as testimony.

Regardless of whether this Judd McPherson was or was not around, asking for someone who happens to be a lawyer is not the same as asking for a lawyer. This accused killer might have been asking for the baby-momma's daddy as the father of his girlfriend as opposed to asking directly for a lawyer.

This is simply a reach by a lawyer trying to keep her client's confession from being brought into trial.

So who else battered the dead child?

This is simply a simple second-degree murder case in which the killer has already confessed. Legalistic pettifoggery isn't going to make the confession go away.