BY MELINDA WILLIAMS
Clipper Staff Writer
FARMINGTON – Statements made by a teen accused of killing his two brothers on May 22 in their West Point home cannot be used by prosecutors, a 2nd District Court juvenile judge said Thursday.
On Thursday, Nov. 21, Judge Janice Frost said in 2nd District Juvenile Court that statements made by 15-year-old Aza Vidinhar to investigators with the Davis County Sheriff’s Office cannot be used against him.
A stipulation agreed to by both prosecutors and defense attorneys said the teen refused to waive his Miranda rights during questioning, but investigators continued to question him about his brothers’ deaths.
Frost’s ruling will come at a later date.
“It’s clear to us that he refused to waive his rights, not once but several times,” Vidinhar’s attorney Todd Utzinger said Thursday afternoon. “They continued to question him until he gave up and gave them a statement.”
That violated the teen’s Miranda rights, his rights under the Utah Rules of Criminal Procedures that say a juvenile must be appraised of his rights before questioning and his Constitutional rights, Utzinger said.
Utzinger couldn’t say if the suppression of evidence will affect the case and prosecutors declined to answer questions regarding the evidence.
Vidinhar is accused of stabbing to death his two brothers, Alex, 10 and Benjie, 4. Their bodies were found by their mother.
Vidinhar was found several hours later walking down a street in Layton after a missing person alert had been issued. He was taken into custody and booked into the Farmington Bay Youth Detention Center on May 23.
Police say Vidinhar did not have a weapon when he was found, but traces of blood were allegedly found on him.
The teen has no prior criminal history.
The Davis County Attorney’s Office filed charges on July 1. At that time they also asked that he be certified as an adult.
However, a date for such a hearing hsan’t been set, Utzinger said.