Closing Arguments Begin in Accused Bathtub Murderer Miranda Hearing

At least one more day of deliberations is expected in the case of accused murderer Kleber Cordova.

Attorneys in the case met before State Superior Court Judge Thomas V. Manahan on Tuesday, March 8, to continue the discussions on whether Cordova had his Miranda rights violated after he'd confessed to drowning his wife, Eliana Torres, in the bathtub of their Western Avenue apartment on May 8, 2008.

The defense has argued that confession should be thrown out because Cordova, an Ecuadoran in the country illegally who speaks little to no English, asked for an attorney during that questioning, a request that was not at that time granted.

On Tuesday, the defense was expected to argue on whether or not police had illegally searched Cordova's Honda Odyessey mini-van without a proper warrant. That was expected to be argued at the next hearing, however, by request of Defense Attorney Jessica Moses, pending the possible subpoena of Morris County Prosecutor's Office Det. Robert McNally for questioning.

In the beginning of the closing arguments, Moses argued that Morristown Officer Michael Andrisano had Cordova in custody, which would have meant Cordova should have been read his Miranda rights, as early as the night Cordova called 911 to report the incident. This, before further developments had been revealed, including when Cordova had confessed to drowning his wife in the bathtub.

"Custody does not necessitate a formal arrest ... and may occur in a suspect's house," Moses said on Tuesday. "There was ongoing questioning."

The defense attorney argued that through Andrisano's constant following of Cordova on the night of the drowning throughout the small apartment, as well as the presence of about 15 armed police officers, "he's not about to let him walk out the door.

"It's not a suspicious death at this time. I think that makes a difference," Moses said.

Prosecuting Attorney Maggie Calderwood argued that no one had arrested Cordova and that he was legally free to leave the apartment if he had wanted. Moses further argued that Cordova's rights had not been clearly explained to him, and that he had found discussions with detectives translated from English to Spanish at the Morristown Police Department later to be confusing.

The recorded interview at the police station clearly indicated, Calderwood said, that Cordova had his Miranda rights read to him through a Spanish translator and that he understood. "He wants to talk," she said. "All the answers he gives are responsive to the questions given. He's not giving answers out in left field. Sometimes, he answered in English before the Spanish translation (was) given."

Moses further argued, however, that Cordova had continued to be in custody, despite not yet having Miranda rights read to him, as he had been told not to turn his cell phone on while at the station and, when he asked to use the bathroom, is told by an officer to wait in the locked interview room for a few minutes. Also, he was driven to the hospital from the Morristown Police Department by police car.

"He is clearly being held by the police," Moses said. "He is clearly in custody."

"I think it's actually nice for the police to drive him to the hospital," Calderwood said. "These are detectives acting in good faith."

Moses also argued a contradiction by police that, while Cordova has a right to an attorney, officers tell him, "'you would have no reason for an attorney,'" Moses said. "It's a diminishing of Miranda rights. We have to read it, but we don't really follow it."

Later, Cordova would meet with Morris County Prosecutor's Office Det. Julio Torres, who is fluent in Spanish. There, Moses argued, despite Cordova initially telling the officer he does not want to submit to a lie-detector test, Torres presses on, asking, "why don't you want to talk to us," thus violating Cordova's rights.

"His right to remain silent is being ignored," Moses said.

Calderwood argued that once Cordova says he would like to speak to an attorney, Torres stops asking about the test, and that Cordova was intelligent enough to be aware of the situation and what his rights were. "He invoked his rights, he understands his rights," she said.

The hearings are expected to continue at 9 a.m. on Monday, March 21.