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Lawyers Trying Murder Suspect, 9, Won't Use Tape

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Jan 6, 2009 1:45 pm US/Eastern

Lawyers Trying Murder Suspect, 9, Won't Use Tape

ST. JOHNS, Ariz. (AP) ― Prosecutors in rural eastern Arizona have agreed not to use statements made by a 9-year-old boy as they pursue murder charges again him.

The child is accused of fatally shooting his father and his father's friend in November at the family home in the town of St. Johns.

In a police interview, the boy admitted firing at least two shots at each of the men, but the child's attorney has questioned the admissibility of the confession because no lawyer or family member was present.

In court documents released on Tuesday, prosecutors in Apache County agreed not to use the statements unless the boy takes the stand in his own defense and contradicts them. Prosecutors said their decision doesn't mean they agree the statements were illegally obtained.

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