Tenth Judicial District Attorney Tim Rose is appealing to the state supreme court a ruling from District Judge Albert Mitchell that throws out the apparent confession of accused double-murderer Muziwokuthula Madonda.
Madonda, a native of South Africa, is accused of the March 2011 slayings of Gabriel Baca, 37, and Bobby Gonzales, 57, both of Tucumcari.
The bodies of both men were found shot to death in the bathroom of a unit at the Tucumcari Inn motel. Baca and Gonzales had been occupying the room next to Madonda’s.
In his appeal, Rose refutes the judge’s finding that Madonda made his confession without the presence of his attorney, even though Madonda had requested one earlier.
Rose said Mitchell did not offer enough evidence to support the claim that Madonda spoke after being denied an attorney. Rose quotes several passages of conversation between two Texas Rangers and Madonda that seem to indicate Madonda was aware of his rights when he made his confession without the presence of an attorney.
In addition, Rose’s appeal argues against the judge’s finding that Texas Rangers continued their interview with Madonda even after Madonda had requested an attorney, which, the judge’s decision said, would violate Madonda’s Miranda rights.
By his actions, Rose said, Madonda himself waived his right to counsel and to remain silent.
Rose said the progress of Madonda’s case has already been hampered by a long delay in a decision on a defense motion to suppress Madonda’s confession, and charged that Constitutional issues related to speedy trial rights could be raised.