By Julie Montanaro
February 20, 2014
A Tallahassee man accused of killing his ex-girlfriend and her three children ... including his own son ... will soon stand trial for it.
Today, Henry Segura was in court trying to have his statements to police thrown out.
Henry Segura sat in jailhouse blues as his attorney tried to convince the judge that Segura was tricked into talking to police the night of a shocking quadruple murder. He argued his statements are inadmissible in court.
'Miranda should have been read from the outset, since again this was not a sympathy call from Mr. Lewis," defense attorney Chuck Hobbs argued. "No, they made contact with him for the purpose of trying to develop whether or not he was the person who committed those murders."
Segura is accused of killing his ex-girlfriend Brandi Peters, her twin six year old daughters and the couple's three year old son back in November 2010.
Peters was shot eight times and all three children were found dead in the bathtub.
Tallahassee Police Officer Mark Lewis called Segura to the police station that day to inform him of his son's murder and then questioned Segura for about two hours.
"Any information he could provide that would help us solve the homicide," Investigator Mark Lewis testified.
"Even up to including information that could implicate him in the homicide. Correct?"
Segura's attorney contends officers considered Segura a suspect from day one and not only got a DNA swab from him that day, but asked him to lift his shirt so they could look for any telltale scratches and bruises.
He called it "subterfuge."
Yet prosecutors point out Segura came to the station that day. He drove there himself and then drove home. Miranda or not, prosecutor Jack Campbell contends, Segura spoke willingly to investigators.
"He was always free to leave," Campbell argued. "He was never coerced, he was never promised, he was never intimidated, bullied, confined, any action at all."
Segura's attorney tried to get the November 20th interview thrown out as well as a second interview 10 days later. Segura was read his Miranda rights at the November 30th interview, investigators said. At that point, they testified, Segura was considered a "strong suspect."
Segura is set to go to trial on March 31st.
The judge has yet to rule on whether Segura's statements are admissible in court.