BRIGHAM CITY (AP) — Defense attorneys for a man charged in a 1984 murder case say a judge should toss out an alleged confession to the crime because it was coerced and is therefore unreliable.
Wade Maughan is one of two people charged with the murder of Bradley Newell Perry at a gas station on U.S. 89 near Brigham City's south end. A jury convicted Glen Howard Griffin of the crime last year.
Authorities say DNA evidence from a blood-stained dollar bill linked both men to the crime in 2005.
In a statement to police from Nov. 3, 2005, Maughan said Griffin bludgeoned and stabbed Perry to death after an argument over correct change. Maughan also said Griffin threatened to kill him if he didn't help restrain Perry during the fatal attack.
The statement was read during preliminary hearings for both men, but evidence rules barred it from being used during Griffin's trial. Maughan took the stand during the trial, but refused to testify.
In court papers, defense attorneys Rich Mauro and Scott Williams contend Box Elder County sheriff's detectives used threats to elicit the statement from Maughan, violating his constitutional rights by their "techniques, methodology and manner."
They also say police accused Maughan of lying and failed to read him his rights until after he confessed to the killing.
A hearing on the motion before 1st District Judge Ben Hadfield is set for Dec. 1-2.
Box Elder County Attorney Steve Hadfield said his office is preparing a response to the filing.