Judge overrules motion- Jalen Vaden's statements can be used at trial

Jalen Vaden''s written and oral statements that he was responsible for the abuse that led to the death of three-year-old Jayda Kyle November 30 can be used at trial.

Judge David Mouton overruled defense attorney Tracey Martin's motion to suppress the statements. Martin contended when Vaden said, "Where is Judd?" referring to the murder victim's grandfather Judd McPherson, an attorney, that all questioning should have stopped and that he invoked his right.

Mouton did not agree.

Having previously taken under advisement the Motion to Suppress Statement of Defendant, having heard and considered the evidence and argument of counsel presented at the hearing on the motion, and now having had an opportunity to consider the audio and videotaped interview of the defendant as memorialized in the DVD marked as State's Exhibit 1, together with the other exhibits submitted for this court's consideration by the parties, and having considered the legal suggestions of the parties and the authorities cited therein, the court finds that defendant was in custody at the time of the interview and that Detective Hutchins read to the defendant the warnings required by Miranda v. Arizona, as confirmed in writing in State's Exhibit 2, which was signed by the defendant.  

This court further finds that defendant did not invoke his right to counsel pursuant to the Fifth Amendment, in that he did not make an unambiguous, unequivocal and specific request for counsel, and this court further finds that defendant's statements, both oral and written, following his signing of the Miranda waiver December 6, 2017, were voluntary and pursuant to a voluntary, intelligent and knowing waiver of constitutional rights. Accordingly, this court hereby overrules the Motion to Suppress Statement of Defendant. So ordered. David B. Mouton, Circuit Judge.

Vaden was living with Jayda Kyle's mother, Devyn Kyle, at 405 Meadow Lake Drive in Carl Junction when the abuse occurred. The child was taken to Children's Mercy Hospital in Kansas City where she died three days later.

The next hearing for Vaden, who is charged with second degree murder and felony child abuse, is scheduled for Monday, April 16.

Previous posts

Jasper County detective acknowledges Devyn Kyle's mention of McPherson treated differently than Jalen Vaden's

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

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