JUDGE: Murder "Confession" Can be Used at Trial

allenprueST. JOHNSBURY -- A Caledonia judge has ruled that Allen Prue's statements to police about the murder of Melissa Jenkins - which graphically detailed his alleged participation in the killing - can be used at his trial, scheduled for Oct. 6.

 

Prosectors have been waiting for the ruling for more than seven months after Prue's state-appointed lawyer, Robert Katims, motioned in February to have the court "Suppress any and all statements made by Defendant to law enforcement on March 27-28, 2012."

Katims had argued that statements made by Allen Prue to police were "involuntary," and "made absent a valid Miranda waiver," which Katims argued violated his client's constitutional rights. At a later hearing, New Hampshire psychologist Dr. Eric Mart supported Katims' claim. Mart testified that he had evaluated Allen Prue's IQ to be 75 - and that Prue likely didn't understand his Miranda rights in relationship to the Jenkins' homicide investigation.

However, Judge Bent - relying on precedent set by the Vermont Supreme Court - said that many of Prue's statements in question weren't elicited by police, and that Prue initiated many of the conversations and details himself.

"As Mr. Prue was confronted with the evidence against him he admitted to strangling Melissa Jenkins," Judge Robert Bent wrote in his 30-page decision, released late Thursday.

According to court documents, Prue further discussed his role in the killing of Melissa Jenkins with Vermont State Police detectives on March 27, 2012 after a "spit shake" on "a promise to tell the truth." The interview with police lasted seven hours, and included some of the dominating statements that Katims' seeked to throw out.

According to transcripts filed at Caledonia County Court, some of the statements made by Prue include the following:

- "I would *expletive* hug her and cry, break down and cry like a little baby and say I was sorry."

- "You didn't deserve that. You're a nice person. You deserved to live a long life, watch your baby grow up. I'm just terribly sorry I did this to you, Melissa. I'm sorry. I'm truly sorry. I'm truly sorry, guys. That's coming from my heart. I don't know what I did. I don't know what I did. That poor woman didn't deserve that."

- "Because of me her baby don't have a mother no more. How can I live with myself? What, what have I done? I'm so ashamed of myself right now. I ruined my life. I ruined her life. I ruined her baby's life. I ruined her family's life. I ruined my family's life. My wife I love so *expletive* much. I ruined her life. I went against my word. She was better off with the *expletive* that was beating on her."

A call to Prue's attorney, Robert Katims, was not immediately returned Thursday night.

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