OSCEOLA COUNTY, FLA. — The defense attorneys for Anthony Todt have filed a motion to suppress initial statements made by Todt to authorities implicating him in the murder of his wife and kids.

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The attorneys argue that Todt was not in the right state of mind after his hospitalization and arrest when he was interviewed by authorities, due to an overdose of Benadryl.

Read: Todt family: State to seek death penalty against Celebration man accused of killing wife, 3 children

The motion filed states, “Mr. Todt’s fragile emotional state precluded a knowing, intelligent and voluntary waiver of Miranda rights in both his January 13, 2020 and January 15, 2020 statements.”

The defense argues that Osceola detectives provided Todt with an “incomplete recitation” of the Miranda warning during their first interview at the hospital on Jan. 13, 2020.

Read: Man who confessed to killing family at Celebration home on investigators’ radar for months, records show

And on Jan. 15, 2020, after Todt was released from the hospital and transported to the Osceola County Sheriffs Office for more questioning, his defense said discharge documents indicated Todt “should continue with the Baker Act and process and will need to be transported to an inpatient psych unit or under the custody of a law enforcement agency where continued psych support can be provided.”

The motion will be heard in Osceola County on Sept. 20 at 1:30 p.m.

Read: Man accused of killing wife, 3 children in Celebration home appears to blame wife for their deaths in newly released jail calls

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