A judge has tossed out statements made by the woman accused of assaulting a baby in her care.

28-year-old Amy Dierks claimed to have quote "lost her temper" before shaking then six-month-old Henry Johnson at the day care she ran inside her home on the west side of Sioux Falls. But now, prosecutors will not be able to use that information any more.

In a letter sent to attorneys, judge Brad Zell says police coerced Dierks into giving statements about what happened at her Sioux Falls home. Court records show that the Sioux Falls Police Department called Dierks, asking her to come here to the Law Enforcement Center for questioning and a polygraph test. Dierks agreed and that's when police say she admitted to abusing baby Henry. 

But Zell has ruled that detective Phil Toft mishandled his interview with Dierks. Instead of asking questions, Toft offered his suggestions on what happened. Zell points out that Toft never read Dierks her Miranda rights. Furthermore, in South Dakota, the court has ruled that the results of a polygraph are inadmissible in the absence of stipulation of the prosecution and defense.

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