In a blow to the defense, the judge presiding over Meagan Work’s case says prosecutors can use the statements she gave to Cedar Park police while she was in custody.
Judge David Wahlberg made the decision to not suppress the evidence Thursday afternoon.
Work’s defense has been arguing that statements she made after she was arrested should be thrown out.
The defense argues because Work was arrested for a Class C Misdemeanor, she should have been seen by a magistrate judge and released, but instead, she was held for days and questioned by a number of law enforcement officers.
The defense argues officers knew she would be released, so they didn’t magistrate her immediately.
“They wouldn’t want to let her walk away and that’s the whole point of that is that’s why they took 75 hours to magistrate her. They held her incognito so that they could do what they wanted to do with her,” said Ariel Payan, Work’s defense attorney, after a hearing in January.
Work pleaded not guilty to tampering with evidence and injury to a child after her son, Colton Turner, was found in a shallow grave in 2014.
Court records show Work’s trial is now scheduled to start in mid-to-late-August.