A New Mexico judge has thrown out the confession of an accused killer.
In 2017, Victor Ortiz admitted to stabbing a taxi cab driver, but his lawyers say he wasn’t in the right mental state during his confession to Albuquerque Police Department detectives.
Ortiz’s trial is set to start next month but prosecutors won’t be able to use his 2017 interview with police as evidence in his trial.
Two years ago, 48-year-old Victor Ortiz was arrested for stabbing and killing a cab driver near Coal and University. A witness saw Ortiz pull out a sword and stab the cab driver in the chest.
According to a criminal complaint, Ortiz told police the stabbing was self-defense. He told police the Illuminati had been after him for years, stealing his drugs and money and he thought the cab driver was a part of it.
It’s a story that prosecutors won’t be able to use in court. Defense attorneys argued that Ortiz wasn’t mentally competent to waive his Miranda Rights at the time of his confession.
In their motion to have his statements thrown out, they note Ortiz’s bizarre behavior and his inability to answer the detectives’ questions.
After reviewing the video interview, a judge determined Ortiz had no awareness of his rights and no awareness of the consequences of abandoning his rights.
Ortiz’s trial is set for April 15.
KRQE News 13 reached out to the District Attorney’s office, but they had no comment.
According to the defense’s motion, there was a doctor from Albuquerque Public Schools’ crisis intervention team there for portions of Ortiz’s interview. He determined Ortiz was mentally competent but was unable to provide specific observations to support that conclusion.
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