EL PASO---- Accused murderer David Marmolejo's defense lawyers are trying to get a confession thrown out.
Defense lawyer Greg Anderson tried to prove El Paso Police detectives obtained Marmolejo's phone records illegally.
On the stand, El Paso police detective for the Crimes Against Persons unit, Ray Sanchez, said detectives wanted to compare Marmolejo's phone records with that of his mother's to confirm his alibi.
Yet Anderson tried to prove Sanchez misrepresented the situation to a judge who ordered those records for him.
As you may remember, Marmolejo turned himself into police last September after they issued a warrant for his arrest in his mother Gloria Marmolejo's murder.
Her body was found in the Santa Teresa desert the month before.
El Paso police detective Ray Sanchez wrote in his application for a judge to issue an order for the records that he was 'investigating an unlawful carrying of weapons' warrant, when in fact, Anderson said the warrant was for a probation violation on the charge.
The defense also argued that Sanchez misrepresented Marmolejo as a fugitive, when police had the chance to arrest him.
The judge asked Baca if he felt what he wrote was a 'reckless disregard for the truth'.
The detective replied that his request was truthful based on his current knowledge at the time, not having spoken to other detectives in the case.
The hearing will reconvene Wednesday at 2 p.m.
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