Corey A. Trott, the Rockwell City man accused of killing a Rockwell City police officer, is seeking to have his statement to law enforcement thrown out.
Trott appeared in 2nd Judicial District Court in Webster County Friday with his attorney, public defender Joe McCarville.
The hearing was for a motion to suppress the statement Trott made to police following his arrest Sept. 13, 2013.
McCarville said Friday the statement should not be allowed in court because officers violated Trott's constitutional rights.
Trott declined to comment after an officer read him the Miranda warning after his arrest, McCarville said.
Minutes later, another officer read Trott the Miranda warning and he didn't comment, according to McCarville.
After Trott had been in the Sac County Jail in Sac City for about an hour and a half, a third officer brought Trott into an interview room, read the Miranda warning and asked Trott to speak, McCarville said.
"He certainly said things that were not helpful," McCarville said.
It wasn't a confession though, he said.
"I believe that the case law is clear that once someone asserts their Miranda warning and says they do not wish to speak, officers have to stop questioning them," McCarville said. "I believe the judge will not allow Mr. Trott's statement into evidence."
The state is arguing that it was a proper interrogation and that it should be allowed in court, he said.
"We will have to wait to see what the judge says," McCarville said.
Trott's trial is set for Sept. 2 in Wright County.
He is facing a charge of first-degree murder for the shooting of Officer Jamie Buenting during a standoff in Rockwell City on Sept. 13, 2013.
Officers responded to 502 Pleasant St., Rockwell City, after Trott, who was wanted on an arrest warrant for assault, was reported inside.
When Trott refused to come to the door, a tactical team responded to the home at 1:15 a.m. to attempt to make contact with him.
He is accused of firing one gunshot at 1:40 a.m., which struck Buenting.
Buenting was taken to Stewart Community Memorial Hospital in Lake City where he was pronounced dead.
Trott surrendered to law enforcement at 5:32 a.m.
Buenting, 37, was a 12-year veteran of law enforcement and had been with the Rockwell City Police Department for eight years. He had previously been an officer with the Manson Police Department.