Thursday, March 3, 1977
3
is both
west mid-
ville. It's
ward of
arge for
at the ONE!
idome.
putting
, sauna
uxurious
will make
Account of confession heard in local murder case
By CHUCK WILSON
Staff Reporter
James Gardner, 18, was bound over to Douglas County District Court yesterday afternoon to be arraigned in connection with the stabbing death and dismemberment of a 46-year-old woman. He will be charged April 1 with first degree murder.
The defendant and his brother, Joseph Gardner, 22, are charged in connection with the death of Margaret Maxey, 46, whose mute legal body was found near the town square at the south end of Connecticut St. Feb. 7. Her finger were found at the city landfill the same day.
The arrampment date was set after an all-day preliminary hearing yesterday in which Ted Crady, a detective and prosecution officer, issued a controversial concession made by the defense made repeated efforts during the hearing to have the confession disqualified.
CRADY, CALLED to testify by Mike Malone, Douglas County attorney, said that on Feb. 7 James Gardner confessed to the murder of Maxey.
James Rumsey, Gardner's attorney, said that his client's rights hadn't been protected.
Crady said that Gardner had asked to see a lawyer who he was questioned in his brother's apartment at 740 Rhode Island Sl. The gardner was brought to the court, the request for a lawyer wasn't mentioned again and questioning continued.
DURING TESTMONY, Crady said that the defendant told him he entered his brother's apartment Feb. 5 and saw a girl on the street of his brother and holding a pair of scissors.
However, Crady testified that Gardner later changed that part of his testimony, but it remained unchanged.
According to Crady, Gardner related the following in his confession:
He first stabbed Maxey as she lay in bed. He then rolled her onto the floor, took her belt off, put it around her neck and, bracing himself with a foot on each of her shoulders, pulled on the belt until her face swelled and turned purple.
Gardner then put Maxey's body in a closet.
IN THE MORNING, he was sent by his brother to buy some trash bags. He bought two pizzas, which he ate while the elder sister of the woman's legs with a kitchen knife.
Craady said the confession continued: The brothers put the body in a grocery cart and wheeled it to the northern end of Connecticut St., where they pushed it over a fence, slid it into a tree and they shook it out of the trash and putting it roll the rest of the way down the hill.
Gardner's brother then told him to put the severed legs in a trash dumpster behind Waymire's Butcher Block, 846 New Hampshire St.
After police followed blood spots to the Gardner apartment, Crady said, the
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younger Gardner at first denied any
break down and told the full story.
Cryday said that not only had he not told Malone about Gardner's request for an attorney but that he didn't put the request for an attorney into his written report.
Mike Eiwell, Douglas County probate court judge, used both attornays that the court had approved to appeal.
"Did you tell anyone that the defendant said he'd like an attorney?" Rumsey asked.
--been overruled during the morning and that it was still overruled.
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DURING THE afternoon court session, Crady was cross-examined by Rumsey, who again brought up Gardner's request for an attorney.
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GARDNER TOLD him that on Feb. 7 he had talked to Jack Maxwell, an attorney defending his brother in another case, who told him not to talk. At first Gardner said he didn't know whether to talk, but then he gave the confession, according to Crossfield.
Detective Carrol Crossfield was then called to testify. He said that on Feb. 8 he questioned Gardner about the murder and again read his rights to him.
Gardner said he hadn't hired a lawyer at that time, Crossfield said, but then he said that he was going to do it.
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MALONE CALLED Alan Sanders,
assistant Douglas County coroner, to
Sanders said that the cause of Mackey's death was 'naturally related to the four stab wounds. He said that bruises also were caused by her woman's neck during the post mortem.
After Sanders stepped down the defense
called Marwell to the witness stand and questioned him about his Feb. 7 talk with
Maxwell said Gardner told him that while he was still in his brother's apartment, he had asked for a lawyer. Maxwell also said that he had asked Crady about the request and Crady said yes, Gardner had requested a lawyer.
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