ELKMONT, Ala. (WHNT) — The State of Alabama filed a response Tuesday to the request of Mason Sisk, an Elkmont teen accused of killing five of his family members, to throw out his confession and previous statements ahead of his trial.
The state argues that none of Sisk’s statements are subject to suppression.
Monday afternoon Sisk’s attorneys submitted a nine-page brief in which they remain adamant that Sisk’s confession to the murders and statements made at the crime scene should be thrown out.
The defense says that within three minutes of the first on-scene deputy’s body camera activating, Sisk was in custody, put into a patrol car and his cell phone was taken. Several minutes later he was transferred to a car with then-Limestone County Sheriff Mike Blakely.
The defense’s argument is that Sisk, who was 14 when the murders happened, was detained for two hours and 11 minutes without acknowledgment of his constitutional rights. They also say Sisk’s hands were tested for gunshot residue and his phone was searched, claiming both things were done without a court order.
The response filed by the state on Tuesday argues that the initial on-scene questions and questions in the interrogation room did not require Sisk to have his Miranda rights read to him.
In court Friday, Blakely testified that he asked Sisk what video games he liked to play. He says Sisk told him he preferred first-person shooter games. After his response, Sisk was read his rights.
The state claims Sisk was not under arrest or in custody when he was placed in cuffs and put into a patrol car. The brief also claims Sisk was not interrogated or pressured by law enforcement into a confession at the sheriff’s office.
Both parties, along with Limestone County Judge Chad Wise, will reconvene on September 2. Sisk’s trial is scheduled for September 12.