Lunde Slaying Suspect's Statements Thrown Out

A judge dealt a serious blow to prosecutors Monday in the murder case against David Lee Onstott, ruling they may not use incriminating statements Onstott made to detectives during interrogations about the April 2005 slaying of 13-year-old Sarah Lunde.

After receiving the order from Judge Ronald Ficarrotta, prosecutors immediately asked for and received a delay in the trial, which was scheduled to start March 12, to give them a chance to appeal the ruling.

The judge ruled prosecutors may use some statements Onstott made in informal settings, such as when he took a cigarette break and spoke to a detention deputy, and when he was on suicide watch in Hillsborough County Jail and made statements to a nurse and a deputy.

And the judge said prosecutors could use two of three conversations Onstott had with his mother while he was in police custody on April 16 and 17, 2005.

But the judge held that because Onstott asked to speak with his attorney, any statements he made to detectives who continued to interrogate him cannot be used by prosecutors at Onstott's trial. The ruling bars the use of an admission by Onstott that he choked the girl until she died.

Ficarrotta has sealed from public view virtually all the incriminating statements made by Onstott, so it was not entirely clear how strong the prosecution's evidence remains. Because there is no direct physical evidence linking Onstott to the killing, Onstott's statements have an added importance for prosecutors seeking a conviction.

Two experts contacted by The Tampa Tribune had differing views of the importance of Ficarrotta's ruling. Neither had any connection with the case or inside knowledge of the sealed statements.

Although they agreed that the ruling was a significant setback for prosecutors, they differed on how strong a case remains.

"I think if they lose at the Second [District Court of Appeals], the case is probably not winnable," said Charles Rose, professor at Stetson Law School. "This is one of those that make you worry about justice. It may very well be that that man killed that girl, and it may very well be that the state's not going to be able to prove it."

But defense attorney Brian Gonzalez said he thinks prosecutors are confident they can win the case with the statements Ficarrotta allowed into evidence.

"If they are an admission by Onstott that he committed this crime, they are enough for the state," Gonzalez said. "It is a serious blow, especially when you lose a confession that's not buttressed by any physical evidence. I think that's devastating, but I don't think they're going to throw in the towel. I think a detention deputy admission is something they'll hang their hat on."

Sarah last was seen alive April 9, 2005, when she returned from a church trip. She was reported missing April 11 when her mother realized the girl had not been to school. After a five-day search, her body was found submerged in a nearby pond, weighted down with concrete blocks.

Before Sarah's body was found, the investigation focused on Onstott, a registered sex offender seen at the home the day she disappeared. Onstott had dated Sarah's mother. Deputies arrested him on an unrelated aggravated assault charge and out-of-state drunken driving warrant.

Statement Of Guilt Signed

On April 16, court records show, Onstott signed a written statement of guilt after a 1 1/2-hour meeting with his mother at the sheriff's office. Sheriff David Gee told reporters shortly after Onstott's arrest that the defendant had signed a confession admitting he choked Sarah on April 10 until she passed out and died. On April 17, Onstott was charged with first-degree murder and attempted sexual battery.

Officials have declined to explain what evidence led to the attempted sex crime charge.

Sarah's brother and his friend are expected to testify about seeing Onstott at their home hours after Sarah was last seen and that his shoes left muddy tracks on the floor. The defense, however, has pointed out in court records that the brother's friend acknowledged having sex with Sarah, a minor, in her bed. The brother's friend did not say he had sex with her the night she disappeared.

Assistant Public Defender John Skye argued last month that Onstott's statements were obtained while he was held "illegally" on a trumped-up driving under the influence warrant out of Michigan.

Ficarrotta, however, ruled that Onstott's detention was legal because a judge made the decision to increase his bail requirement from $1,000 to $250,000.

The defense maintained that the statements Onstott made to his mother should be thrown out because Onstott and his mother thought their conversation would be private, Skye said.

Ficarrotta ruled that Onstott had no right to expect his conversations with his mother were private except for one instance in which detectives fostered that idea by telling Onstott that his conversations could not be heard. The conversation was secretly recorded by detectives.

Before Onstott made any statements to sheriff's investigators, Skye said, he made it clear to at least two detectives that he wanted to speak to his attorney. Regardless, he was interrogated several more times over two days without an attorney present, Skye said.

Judge Cites Supreme Court Rulings

On the final day of interrogation, a detective had allowed Onstott a brief telephone call to his attorney. Skye said that was too little, too late. Ficarrotta sided with the defense, citing rulings by the U.S. Supreme Court that held once a suspect asks for an attorney, all interrogations must cease. Therefore, Ficarrotta wrote, all statements made by Onstott during formal interrogations after he asked for a lawyer would not be allowed into evidence. The ruling means prosecutors may not use the signed statement in which Onstott acknowledged choking the victim.

However, the judge said, the informal statements made "outside the scope of interrogations conducted by law enforcement" could be admitted during the trial.

A 130-page transcript released this year details the conversation between Onstott and his mother, and part of the final interrogation by detectives.

It is missing about 20 pages. The judge has sealed those pages until the trial. A tape recording of the conversation between Onstott and his mother was played in court last month.

On the tape, Onstott cries often and tells his mother that he is a "monster." He says he becomes a different person when he drinks. She repeatedly tells him to "just tell the truth." On the tape, he does not say he killed Sarah.

Information from Tribune archives was used in this report.