Charles City, IA- An area teen charged with sexual abuse and murder takes the stand.
Edgar Concepcion Junior is accused of abusing and killing his three year old cousin Krystel Banes.
Defense attorneys called the Charles City teen to the stand late on Monday in their effort to suppress evidence in his trial, specifically his confession to police investigators.
On Wednesday prosecutors started asking questions, Concepcion replied mostly “yes” or “no.” We learned more about the teen's understanding of the English language, and what he felt during his interview with police investigators the night his cousin died.
We learned English isn't the 15-year-old's second language, it's his third. "Elongo, Tagalag,” he said are the two languages he learned before English.
The Philippine native testified he didn't know he was free to leave the interview with police investigators.
Prosecutors asked about the instructions given by division of criminal investigation agents.
"You were told you were free to leave right at the beginning of the interview weren’t you?” asked Floyd County Attorney Jesse Marzen. Concepcion Junior replied, “I didn't really understand it was too fast."
Marzen asked the question again, this time the teen replied, “Yes.”
Defense attorneys argue Concepcion Junior didn't understand English well enough to know his rights, but prosecutors pointed to the teens high grades in school.
“You're an honor student correct?” asked Marzen, “Yes,” Concepcion replied, “six A's and two B's?” Marzen asked, Concepcion replied “Yes.”
He also testified he was scared during the interview. Defense attorneys questioned Division of Criminal Investigation Special Agent Chris Calloway about why no Miranda rights were given.
"The interviews were consensual, they were not in custody and so there was no discussion of don't give Miranda because no one was in custody," said Calloway.
Calloway says Concepcion Junior was one of many suspects who lived in the Charles City home with Krystel Banes, but became the main focus of investigation after police learned he was the girl's primary caregiver.
Police arrested him after he admitted to the crime.
"After he confessed to raping and killing Krystel we mad the decision to apply for a search warrant," Calloway said.
A Department OF Human Services case worker testified she made a recommendation for foster care for another child in the household after Banes died.
District Court Judge Bryan Mckinley will make ruling on whether to suppress evidence sometime next month.
Concepcion Junior's trial is scheduled to start in early May.
His defense attorney is asking the court to move the trial to a different location.
