Grizzell denied motion to suppress statement in baby death case - WBRC FOX6 News - Birmingham, AL

Grizzell denied motion to suppress statement in baby death case

Joey Grizzell (Source: Elmore County Sheriff's Dept.) Joey Grizzell (Source: Elmore County Sheriff's Dept.)

Attorneys for Joey Grizzell, the suspect charged in the death of a 13-month-old baby, were in an Elmore County courtroom Thursday trying to convince a judge to suppress a statement their client made to authorities shortly after his arrest.

Elmore County Circuit Judge John Bush ultimately denied the defendant's motion to suppress the statement saying Grizzell had been advised of his Miranda rights several times prior to his statement.

Grizzell, accused of killing his girlfriend's toddler in February 2013 while he was babysitting, was arrested in September 2013 after an autopsy on the child showed the toddler had been violently shaken and suffered blunt force trauma to the head.

Following his arrest on a capital murder charge, testimony shows Grizzell was advised of his rights and signed a waiver former. Shortly after an interview began, Grizzell asked to see counsel and the interview ended.

The next day, several members of Grizzell's family were allowed to see him at the Elmore County Jail where he was being kept on suicide watch. The judge's motion of denial states that Sheriff Bill Franklin again told the suspect of his Miranda rights, discussed the case and explained what he believed were inconsistencies to everyone present before leaving them to meet in private.

Following the private family meeting, Grizzell is said to have informed the sheriff that there were some things that he had left out of his original statement. He was informed of his Miranda rights once again, at which point he waived those rights and gave another statement.

The details of the statement have not been released, but Judge Bush found that "further contact with law enforcement after invocation of his right to counsel was initiated by the Defendant and his family, not law enforcement. The statement that he then gave on September 5, 2013 was given after a knowing and voluntary waiver of his rights. For these reasons, the Motion to Suppress is Denied."

Grizzell entered a plea of 'not guilty' in court back in November 2013.

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