ORLANDO, Fla. — An Orlando security guard accused of raping and killing a woman in her apartment took the stand in court Tuesday.
Attorneys for Stephen Duxbury argued what he said to investigators should be kept out of the trial.
Duxbury is accused of strangling Sasha Samsudean inside her Uptown apartment in 2015.
Read: New documents show suspect in Orlando woman’s murder case lied to police
Duxbury said in court that as a security officer he said he thought he had to cooperate with law enforcement during his questioning, otherwise he would lose his license.
Prosecutors and the defense are at odds about the statements Duxbury made to investigators during an interview, including his failed polygraph test.
“Prior to this interview were you advised of your constitutional rights pursuant to Miranda vs Arizona?” asked Duxbury’s attorney Cheney Mason.
“No, I was not,” Duxbury replied.
“And did you have a lawyer?” Cheney asked.
“No, I did not,” Duxbury testified.
Duxbury’s attorneys want his statements to investigators suppressed. He denied killing Samsudean during a polygraph test, but investigators said that was a lie.
Duxbury said he felt he had to cooperate with law enforcement otherwise he would lose his security license and his job.
"Were you directed by your boss to talk to the police?” Cheney asked Duxbury.
“Yes, sir,” Duxbury testified.
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Prosecutors pointed out Duxbury was eventually read his Miranda rights and that he was not coerced.
"At no point did any of the detectives say you would have to speak with them, otherwise you would get fired, correct?” prosecutor Will Jay asked Duxbury.
“No, sir,” Duxbury said.
The results of the polygraph will not be played no matter what because it's inadmissible under Florida law, but prosecutors want to use the statements from the questions.
The judge is expected to make a ruling in the next couple of days.
Cox Media Group
