ORANGE COUNTY, Fla. — An interrogation recording of a man accused of killing his pregnant ex-girlfriend and an Orlando police lieutenant may lead to a legal battle of its own, according to legal experts.
WFTV legal analyst Bill Sheaffer said the recording could also affect the jury in Markeith Loyd’s two death-penalty trials.
Sheaffer said Loyd's lawyer will try to make sure a jury never hears the recording.
READ: ‘You shot her down like a dog': Recording details interrogation of Markeith Loyd
There have been dozens of court hearings about Loyd’s first trial since he was captured in January 2017, but the recording has yet to be mentioned.
The recording is of two detectives interviewing Loyd following a nine-day manhunt after Lt. Debra Clayton was gunned down in a Walmart parking lot. Clayton recognized Loyd as being sought in the shooting death of Sade Dixon and her unborn child.
In the 43-minute video, Loyd said thinks that a jury could interpret it as an admission of guilt, Sheaffer said.
But the stakes are high with two trials approaching.
"This is no disrespect. Hear my words, and hear them clearly, OK? You did what you did. If you had to defend yourself, that's what it was. But you man up now and clarify it for me. My challenge to you is be a man” the detective said to Loyd, who claimed Dixon had a gun.
Raw: Aerial video of the take down of Markeith Loyd
Loyd faced off with the two detectives after being badly injured during his arrest.
"You're always concerned when your client makes statements that can be construed as a confession or admissions against interest, and certainly that appears what this statement contains," said Sheaffer.
Sheaffer thinks the recording sounds like a tacit admission that Loyd pulled the trigger in both murder cases.
(WARNING: GRAPHIC LANGUAGE) Interrogation recording on the night of Loyd's capture
"We need to know if you felt threatened. If you did what you had to do. Tell us what happened," the detective said.
"Yes, she (Dixon) pulled a gun on me," Loyd said.
Sheaffer watched another high-profile trial closely--the federal prosecution of Pulse shooter Omar Mateen's wife, Noor Salman.
She walked, in part, because the feds failed to record her interrogation.
"History has shown us that jurors want to have the defendant's statement recorded. It removes any doubt that these are law enforcement's words and not the defendant's and that is critical oftentimes," said Sheaffer.
Critical enough, he said, that the defense will do everything possible to keep the tape away from a jury.
It's up to a judge whether it gets played.
Loyd's hearing is next week, but if he's going to challenge the admissibility of that tape, it will likely happen closer to the trial in September.
Cox Media Group
