The husband of slain Brusly High School teacher Sylviane Finck Lozada is asking a state appeals court to declare that prosecutors cannot use his October confession against him because a detective failed to honor his request for a lawyer.
According to the East Baton Rouge Parish Sheriff’s Office, Oscar Lozada last year admitted killing and dismembering his wife in 2011. Lozada’s lawyer says the admission should be suppressed.
Retired state District Judge Bruce Bennett, who is currently presiding over the second-degree murder case after state District Judge Trudy White moved to a section of the 19th Judicial District Court that handles civil matters, denied Lozada's suppression motion April 15.
Lozada initially told the detective, Maj. Todd Morris, that he wanted a lawyer but later said he wanted to cooperate, according to a portion of Lozada's Oct. 5 interview played in court last month.
Prosecutor Dana Cummings had argued to Bennett that Lozada's confession was freely and voluntarily given.
The judge ruled that Lozada, 43, "wanted to do the interview more than he wanted an attorney there."
A state judge ruled Monday that statements Oscar Lozada gave to sheriff’s detectives about the 2011 death of his wife, a Brusly High School te…
In an appeal filed last week at the 1st Circuit Court of Appeal in Baton Rouge, Assistant Public Defender Quintillis Lawrence contends Bennett erred in ruling the way he did.
"There is nothing in the case law that points to a balancing test as to a defendant's desire to cooperate versus his constitutional right to an attorney, especially when that right has been invoked, as was here," Lawrence argues.
Morris should have stopped talking to Lozada as soon as he told the detective, “But I do want a lawyer,” Lawrence says.
Oscar Lozada was back in Louisiana after his extradition from Texas on Friday afternoon and confessed at Louisiana State Police headquarters t…
“Instead, he proceeded to tell Oscar that he couldn’t get him a lawyer and that he’d have to wait until he went to court,” Lawrence adds. “This is a subtle tactic to elicit a response from Oscar and reopen the dialogue they were having. The interview never ended.”
Sylviane Lozada's body has never been found. Her husband was arrested last fall in Mexico after more than seven years on the lam in his home country of Venezuela. He was indicted by an East Baton Rouge Parish grand jury in January.
Cummings stated for the first time in documents last month that Lozada’s wife’s body was dismembered and disposed of in buckets. The prosecutor wrote that Lozada on Oct. 8 "willingly traveled with detectives in an attempt to guide them to the locations where he disposed of the buckets containing the dismembered body of Sylviane Finck."
Seven and a half years after Brusly High School teacher Sylviane Finck Lozada disappeared and her blood was found on the walls and ceiling of …
Previous court filings mentioned Lozada had bought buckets and concrete around the time of his wife's disappearance in July 2011. Her blood was discovered on the ceiling and walls of the garage at the family's Spring Lake Drive home in Baton Rouge after she disappeared.
Her death followed years of documented domestic abuse at the hands of her husband, authorities have said.
Lozada’s next court date is June 12.