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KINGMAN – Prosecutors will have to work a little more diligently to land a conviction against an alleged murderer now that a local judge has granted a defense motion to suppress potentially incriminating statements.

 

The comments in question were made by a Lake Havasu City woman who is charged in the shooting death of her boyfriend. The Sept. 28 ruling by Mohave County Superior Court Judge Richard Weiss means that the prosecution cannot use comments that Cheryl Molitor, 63, made when interviewed by police detectives after the shooting death last July of Kenneth Nissen, 65.

Weiss noted that detectives read Molitor her Miranda rights on three occasions during post-shooting questioning at the police department. But he said Molitor was in no condition to knowingly volunteer her statements when advised of her right against self incrimination.

“The first time the defendant interrupted with the nonsensical revelation that she had been talking to a bunny,” Judge Weiss stated in his ruling. “After the second reading of Miranda, she said, ‘I do, but I don’t know what’s going on.’”

Judge Weiss said Molitor’s mental state was clouded by several cocktails and a Xanax. He said she presented signs of being impaired and incoherent.

“Lastly, the Court would find, given the defendant’s intoxicated and apparently altered mental state, that there are incidents during the interview where the officers appear to overbear Ms. Molitor.”

Molitor is being held in the Mohave County jail in Kingman, awaiting trial for first-degree murder.

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