A Metro judge is expected to decide whether a triple murder suspect was illegally questioned after a Bellevue family was killed.
A hearing regarding the matter was originally scheduled for Oct. 12 but was delayed by a judge until early November.
Craig Garber, 41, is charged with three counts of criminal homicide in the Sept. 2 stabbing deaths of Marylea Jordan, her daughter Michelle Pinkowski and Pinkowski's 14-year-old son, Jonathan Culpepper.
Garber's public defender, Gary Tamkin, said that his client was questioned by police illegally, and he didn't have an opportunity to tell Garber that he didn't have to talk to police.
In response, assistant district attorney Kathy Morante was furious.
"I think it's outrageous that Mr. Tamkin got up here and said the district attorney's office violated anybody's constitutional rights," she said.
Morante said Garber was read his rights but didn't ask for an attorney.
"Mr. Garber was read his rights, read to him by the detectives. Had he asked for an attorney the questioning would've ended, and that's what happens every time a criminal is arrested," she said.
Judge Michael Mondelli issued an order Oct. 5 denying the state's motion and saying Garber should have been appointed counsel during his police interrogation several weeks ago.
Now, that interrogation could be thrown out during a suppression hearing scheduled in early November.
Garber is being held on $1 million bond.
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