Gail Gerlach’s attorney wants statements made to police tossed out

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by HAYLEY GUENTHNER & KREM.com

KREM.com

Posted on October 25, 2013 at 5:04 PM

Updated Friday, Oct 25 at 7:52 PM

SPOKANE, Wash. -- The man accused of fatally shooting a North Spokane SUV thief has a hearing Friday afternoon.

Gail Gerlach’s attorney, Richard Lee, asked the court to throw out statements Gerlach gave to Spokane Police before he was read his rights. The defense will also ask for copies of the detective’s field notes.

Responding officers told the judge Gerlach was freely talking. Prosecutors said officers did nothing wrong because Gerlach never asked for a lawyer and never asked to leave. They claim he voluntarily told them to go in his house and get the gun he used to allegedly shoot Brendan Kaluza-Graham, 25.

READ: Gail Gerlach pleads not guilty to fatally shooting SUV thief

The defense said officers never wrote down direct quotes so what they say should be inadmissable.

One officer testified that he told Gerlach that he should get a lawyer because the situation was not looking good for him. 

Gerlach admitted to shooting and killing a man who tried to steal Gerlach’s SUV in March. Gerlach is accused of shooting Kaluza-Graham while he was stealing Gerlach's 1997 Chevrolet Suburban.

WATCH: Dispatchers release 911 call from deadly SUV theft shooting

He has pled not guilty for First Degree Manslaughter. Gerlach could serve up to eight years in jail for this first degree manslaughter charge if he is found guilty.

A fundraiser will be held at 5 Mile Pizza on Friday from 6:30 to 8:30p.m.

WATCH: Manslaughter suspect's wife nervous about Spokane trial

The judge did not make a ruling Friday because Major Crimes Detective Ben Estes, who took Gerlach statements, could not testify for medical reasons.

When Detective Estes takes the stand, the judge will make a decision on whether or not the statements will be admitted in trial.

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