Judge approves use of most evidence in kidnapping, murder trial

Mona Nelson is accused of killing Jonathon Foster

August 13, 2013 4:37:40 PM PDT
A woman charged with the murder of a 12-year-old boy will soon go to trial. Now she's fighting to keep her own words from coming back to haunt her.

The trial is now ready to begin, and late Tuesday, a judge ruled most of what the suspect told investigators can be used in the trial.

Mona Nelson took the stand today, not testifying in her trial, but how she says she was worn down by detectives into making statements that could come back to haunt her at trial.

Nelson was arrested not long after the burned, discarded body of 12-year-old Jonathan Foster was found a few days after Christmas in 2010. The truck she drove was similar to the one a witness claimed to have seen near where the child's body was left in a ditch.

Police spoke with her for hours. Nelson told the judge she was exhausted, that while she was interviewed by detectives before she was ever charged, she asked for a lawyer five times but the interrogations continued.

Two of the detectives testified they spoke of the boy's sad life and horrible death between themselves, while Nelson was in the back seat of their car.

Late Tuesday, JUDGE JANNINE BARR allowed nearly all the statements to stand, except for those given after Nelson asked for a lawyer. The defense was not pleased with the ruling, but it's what KTRK legal analyst Joel Androphy expected.

"This is a foregone conclusion that she's gonna lose this suppression, and if she goes to trial before the judge, she's gonna lose and get the max amount of punishment, which is life," Androphy said.

If Nelson is convicted, she could face a life sentence.

Opening statements are set to begin Wednesday.

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