Change of venue, suppression of confession motions on hold

Thursday, April 1, 1999 | 9:54 a.m.

Kyle Ray and Colby Becker, both 15, tentatively are scheduled to go to trial in Lander County District Court May 3 on three counts of first-degree murder in the deaths of Ray's parents and sister.

Ray's attorney, Marc Picker, argued on Wednesday that his client's confession should be dismissed because the statements were not voluntary and because Ray was not properly read his Miranda rights.

District Judge Richard Wagner rejected the first claim, ruling that the statements were made willingly.

He began to reject the Miranda rights contention as well with a condition that it could be reconsidered, but agreed with Picker to hold a final ruling in abeyance until the April 6 hearing.

Becker's attorney said he was not prepared to argue similar motions on Wednesday. Wagner told both attorneys to review their motions with prosecutors and to be ready to present final pretrial arguments April 6.

The judge said the trial is set for three weeks beginning May 3 and that further delay would make it difficult to find a similar block of time on the calendar.

Prosecutors say the teens allegedly plotted the killings then traded off pulling the trigger in the triple-homicide that stunned the small mining town last May.

The victims were Ray's parents, James, 42, and Kimberly, 37, and his sister, Jennifer, 12.

The boys will be tried as adults but are too young to be sentenced to death. If convicted, they face up to life in prison without parole.

The small county has appealed to the Nevada Legislature for the state to pay the estimated $200,000 cost of the trial if it eventually is held in Battle Mountain.