Judge denies request to suppress McVay statements after murder - KSFY News - Sioux Falls, SD News, Weather, Sports

Judge denies request to suppress McVay statements after murder

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After a two-day motions hearing, admitted killer James McVay was denied by Judge Peter Lieberman in his request to keep his post-murder statements from future jurors.

McVay has pleaded guilty but mentally ill for the July 2011 murder but a jury will soon decide his fate: life in prison or the death penalty.

Shortly after McVay, 43, murdered Maybelle Schein, 75, he stole her car and was en route east where he, admittedly, planned to carry out the rest of his plot to ultimately kill President Obama. Before he got very far, McVay was stopped by Wisconsin authorities in Madison.

Following his capture, he made statements to officers and publicly to a local TV station in Madison. At which time, the defense team argued he was in a drug-induced psychosis. Officers and detectives had testified that McVay admitted to "proudly" killing Schein in his effort to continue carrying out his plot. They also noted McVay wanted the death penalty, making threats to kill correctional officers if he received a life sentence.

Friday afternoon, Judge Lieberman said McVay was in an intelligent state of mind, not drug-induced at the time of the interviews. While McVay made strange and disturbing statements, the Judge called them coherent and articulate with no signs of mental incapacity.

More motions hearings are scheduled over the next few months. A date to begin trial has not yet been set.

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