Durban -
A South African who reportedly confessed to four murders in the United States, is fighting to ensure evidence allegedly implicating him will not be used when he stands trial next year.
Muziwokuthula “Muzi” Madondo, who was arrested in Texas in April 2011, is contesting charges relating to two murders he allegedly committed in Tucumcari, in the US state of New Mexico.
His lawyer Roger Bargas said on Tuesday that he had lodged two “motions to suppress evidence” which could be brought before a jury.
Bargas said Madondo had pleaded not guilty to the murders of father and son Bobby Gonzales and Gabriel Baca.
Madondo allegedly shot the men in a motel in Tucumcari before fleeing to Texas, where he was arrested.
On September 17, the Quay County Court heard argument about why a jury should not hear the statements Madondo made to the police after his arrest.
“We are alleging statements made (by Madondo) were taken illegally and coerced (by the police). He talked to the police for six to eight hours.”
Bargas said that the conversations took place even though Madondo had sought a lawyer.
He said that, in one of his motions, he had argued that the police had failed to immediately contact South African consular officials, who would have advised Madondo about his rights and about how the US legal system works.
“With regard to the search warrant on the vehicle in Texas, we are alleging the search was illegal,” said Bargas.
Should the motions succeed, a jury will not get to hear what Madondo told the police about the murders of Gonzales and Baca.
All forensic evidence obtained from Madondo’s van will also not be presented to any potential jury.
A ruling on the motions is expected next month.
Bargas said that during the two days in court in September, the judge hearing the matter had indicated that he expected Madondo to stand trial “next summer”, which would be winter 2013 in South Africa.
Bargas is representing Madondo only in connection with the Gonzales and Baca murders.
He is not representing him in connection with murders he allegedly committed earlier in Ohio.
Madondo allegedly confessed to the murder of FirstMerit Bank executive Jacquelyn Hilder, 60, who was shot dead in her home in Akron, Ohio, on February 17.
Two days later, about 300km away, the bullet-riddled body of Maritzburg College old boy Zenzele Mdadane, 25, was found in the woods in Butler Township, Ohio.
Madondo also allegedly confessed to this killing.
In May last year, the Sunday Times quoted Akron police department spokesman Michael Schaeffer as saying: “He kind of made mention that he wants to come to Ohio because New Mexico does not have the death sentence. He wants the death penalty.”
Madondo, 34, was arrested on March 28, 2011 in Houston, Texas.
Originally from Richmond, near Pietermaritzburg, he emigrated to the US in 2008 to study theology. - Sapa