Today, while checking on the status of multiple cases I’ve been following, I found that the Court of Appeals of Indiana issued an opinion on an appeal filed by Luis Posso Jr., the father of 12-year-old Eduardo Posso.
I’ve covered Eduardo’s story at length on the blog and on the podcast, including updates in episodes 44 and 89.
Luis’s motion to the trial court to suppress (1) evidence seized from his motel room, vehicle, and cell phone, and (2) his statements to police. The trial court denied his motion, so he filed an appeal.
In its opinion, due essentially to errors made by police during Luis’s interrogation, the Appeals Court reversed the trial court’s denial of Luis’s motion to suppress the physical evidence seized. This means evidence such as the chains, dog collar, web cam, etc. seized by police, among other physical items, as well as information taken from his cell phone, cannot be used as evidence in court.
However, the Appeals Court denied Luis’s motion to suppress his statements to law enforcement. Therefore, his statements may be introduced into evidence.
Luis’s case was remanded to the trial court for further proceedings.
Last year, Luis’s wife, Dayana Medina Flores, pleaded guilty to Eduardo’s murder and was sentenced to 65 years in Indiana state prison.
Luis is scheduled for a pretrial conference at 3:00 PM on March 28, 2022. His jury trial is currently scheduled to take place from August 1 through August 5, 2022.
I’ve been following Eduardo’s case for nearly three years, and I’m gutted by the news that evidence in his father’s case cannot be admitted. We can only hope the state has enough evidence between Dayana’s guilty plea and Luis’s own statements to police to convict him of the brutal starvation, torture, confinement, and murder of his own 12-year-old son, who only wanted “to juggle and be free.”
Sources: Court documents, Indiana MyCase portal