PONTIAC (WWJ) – An Oakland County judge has ruled against a motion to suppress the confession of a woman charged in the murder of an 80-year-old Royal Oak resident.
Defense attorney Mike McCarthy argued that Tonia Watson was not re-read her rights before confessing her involvement in the Nancy Daily case.
“There is some authority from the United States Supreme Court and the Michigan Supreme Court that indicates that when a defendant re- initiates they must be given Miranda warnings a second time,” McCarthy said.
“She was given those warnings the day before and, at that point, she elected not to speak to the police.”
It was on November 23 of last year when Watson consented to speak with Auburn Hills police about a lesser charge of credit card misuse. Following that interview, Watson was questioned by Royal Oak police who did not reread her rights.
Oakland County Circuit Judge Colleen O’Brien disagreed with McCarthy, ruling that because Watson had already been read her rights twice — once that day and once the day before — she was well aware that she did not have to speak with police. O’Brien said Watson was the one who initiated communication with the Royal Oak detective.
Watson, 41, along with 50-year-old Alan Wood, are charged with first-degree murder in the stabbing death of Dailey, who was found tied up in her home on Nov. 20, 2011. Authorities say the pair, both parolees, befriended Dailey and did yard work for her, then robbed her and slit her throat.
Separate juries will try the pair. They’re due back in court December 21 for a pre-trial hearing. Jury selection is to start Jan. 7.