JACKSONVILLE, Fla. -- Will his confession be allowed?
On Monday, the third day for evidence in the suppression hearings in the Cristian Fernandez trials continued.
The 13-year-old is on trial, accused of sexually molesting his 5 year old half brother and he's also accused of killing his half-brother.
During Monday's hearings, prosecutor Mark Caliel felt attacked by defense attorneys for Cristian Fernandez.
The debate came up when the prosecution objected to putting a psychologist's report into the record. They want to question him.
"It is offensive to hear accusations that the state of Florida is not seeking the truth," Caliel said. "They have every opportunity to call Dr. Meadows to that witness stand. Why they didn't? I don't know."
Earlier in the hearings, other experts did testify. Marty Beyer interviewed Fernandez to determine if he understood his right to remain silent.
"When asked if he understood, he said, um hum. Yes," Beyer said.
At issue -- the police's questioning of Fernandez. He's charged with sexual assault and murder.
Prosecutors say Fernandez is a straight A student and understood his rights.
"My opinion is that it reflects his not comprehending the right that anything he said could be used against him in court," Beyer said.
Court is back in session at 10 a.m. Tuesday morning. Another expert is expected to testify before Judge Cooper makes a decision.
First Coast News