Mom's murder confession not thrown out

ALBUQUERQUE (KRQE) - The woman, police say confessed to suffocating her son and burying his body in the playground of a city park sat in court Thursday as her attorney fought to get her confession thrown out.

Tiffany Toribio’s attorney asked the judge to suppress her police statement claiming it was taken during an unlawful arrest and that Toribio was intimidated into giving up her Miranda rights against self-incrimination.

District Judge Stan Whitaker said he found no proof that Toribio’s confession was taken unlawfully so he denied the defense’s motion.

Toribio is accused of killing her son Tyrus, 3, in May 2009. Days after the boy's body was discovered buried in an Albuquerque playground police picked up Toribio.

Before questioning began detectives said Toribio signed a waiver of her rights and then confessed to suffocating her son twice.

That was not the only decision Thursday as a motion from the state led to a continuance of the trial date. The trial was supposed to start mid-October.

The state asked the judge for more time to conduct their mental evaluation of Toribio. Prosecutors said their out-of-state expert would not be in town for weeks.

Defense Attorney Leila Hood fired back saying that throws her team off track.

“My stance is that we did try to be ready for this trial,” Hood said. “I did with the resources I had the best that I could.”

Hood added that if the judge allows the state more time then the defense is requesting a continuance.

The state argued the defense is to blame because they were late to announce their insanity defense.

In the end, an upset judge allowed the continuance and pushed the murder trial date back. He hinted at a start date sometime in spring.

Toribio is facing charges of murder and child abuse resulting in death. The defense tried to get the child abuse charge dismissed. The judge said no.

Whitaker is still considering if this case needs a change in venue.

Thursday's motion hearing was also filled with emotion and argument. Toribio's sister, Emily Apodaca, who is also Ty's aunt, was in court today, but Whitaker ordered her to leave, saying potential witnesses could not listen to testimonies in the courtroom.

Apodaca's attorney argued, however, that her client is a victim and had the right to be present at all public proceedings. Whitaker threatened to kick the attorney out of the courtroom.

"To me, it's really frustrating because I feel like I'm split right down the middle," said Apodaca, tearfully. "It's still wanting to be there for my nephew who I feel has no one in the courtroom for him right now."