Schaffhausen's Attorney Wants Taped Interrogation Thrown Out

Updated: 12/04/2012 7:54 AM KSTP.com By: Chris Egert

The man charged with killing his three daughters in River Falls, Wis., was back in court Monday.

Aaron Schaffhausen did not say a word during the motion hearing.

Much of the day was spent discussing what witness testimony will be allowed at trial, tentatively sent for April. The judge didn't allow our cameras to record much of what was said.

Schaffhausen's attorney, John Kucinski, wants a three-and-a-half-hour interrogation made by River Falls police right after Schaffhausen's arrest thrown out, saying his client's Miranda rights were not clearly stated.

The father said nothing for nearly 2 hours of the interrogation.  

After the hearing, Kucinski said, "If you say, sir you have the right to remain silent, and you don't talk, anybody with common sense would say you don't want to talk."

That 3 hour and 20 minute interrogation video was NOT shown in court today but prosecutors did reveal some of the contents of what was said during testimony today given by the River Falls officer who interrogated Schaffhausen.

The River Falls officer who conducted the interview said Schaffhausen broke down and sobbed several times - noteably after the investigator stated "only a father would cover their children up in bed so they could be at peace."

Prosecutors say at one point during the videotaped interrogation that Schaffhausen told them "he needed help" when eventually asking for an attorney. They say the video shows Schaffhausen spoke 23 times during the interview - and made nonverbal communication 15 times. That's mainly in the form of head nods.  

The defense attorney says he has not decided on an insanity defense yet and does not believe prosecutors have enough evidence to convict Schaffhausen.

Schaffhausen is charged with murdering 5-year-old Cecilia, 8-year-old Sophie and 11-year-old Amara in their River Falls home last July.

The judge in the case says he will make a ruling on the video at the next motion hearing in the case, Jan. 17. There has yet to be ruling on if cameras will be allowed in the courtroom at the trial or if the defense will ask for a change of venue.