By Fallan Patterson

Staff Writer

Ninth Judicial Circuit Court Judge Scott Polodna reserved his ruling July 23 to decide whether to grant a defense motion to suppress evidence against and the confession of David Murillo-Zennon, who is accused of killing a Celebration man on Thanksgiving in 2010.

Defense attorney Michael W. Nielson claimed Osceola County Sheriff's detectives recorded Murillo's statements and confession in violation of his Miranda rights and in violation of his right to an attorney.

Assistant State Attorney Sarah Hatch maintained Murillo signed his Miranda rights waiver at both interviews in a 24-hour period and never asked for an attorney.

Lead investigator Det. Alex Bejarano, who testified he was wearing a Sheriff's Office polo shirt during his first meeting with Murillo, described the accused murderer as “relieved” when notified investigators had found his homeless camp, which contained many of the victim's personal items.

“It was like water,” Bejarano said, adding Murillo then confessed “start to finish” to the murder.

Murillo, a homeless man who was living in a transient camp behind the Ramada hotel on U.S. Highway 192, west of Simpson Road, told Osceola County Sheriff's detectives he killed Matteo Giovanditto, 58, with a hatchet in the victim's Celebration condominium because Murillo suspected Giovanditto had drugged his soda and was advancing on Murillo sexually.

Murillo, 30, shackled in an orange Osceola County Jail jumpsuit sporting a closely shorn hair style and a neatly trimmed goatee, didn't take the stand himself but appeared interested in his case July 23, frequently conferring with his attorney at the defense table.  

Nielson said the search warrant executed on Murillo's camp, which included a black, white and blue tent with a dog tied up outside, was obtained under “unreliable and unconfirmed” information because Bejarano, who testified he has written more than 1,500 search warrants during his career, failed to list specifics.

“It's the first time I ever saw one,” Nielson said of a search warrant for a transient camp. “The defense's position would be the warrant was applied for without enough probable cause.”

Bejarano testified undercover officers witnessed Murillo entering and exiting the woods, with one of the officers having the camp confirmed by the groundskeeper of the Ramada.

No one knew who owns the property.

“It's not enclosed. Anyone could walk in there,” Bejarano said. “The facts in the search warrant are all true.”

Nielson's motion includes suppressing evidence found at Murillo's campsite, which included more collector coins in protective covers and Giovanditto's iPad. Nielson wants those items kept from a jury.

“The fact of the matter is the location of the camp was found under completely lawful sources. Police are required to describe it in terms that any officer can find it,” Hatch told Polodna. “We believe he would have given consent (to search the tent) because he freely and voluntarily gave up the other information.”

Polodna questioned how detectives would describe the exact location of a campsite in the woods, unless by exact coordinates, adding he didn't know if investigators could be “descriptive enough” to write a search warrant before visiting the camp themselves first.

It was after investigators told Murillo they found his camp that he confessed and agreed to take them back to the site and show them where the murder weapon and his clothes and shoes from the murder were located.

Nielson conceded those items found with Murillo present could have been located by anyone as they were not inside Murillo's tent as the other items had been.  

Murillo was connected to the case after investigators found a recent photograph of him on Giovanditto's computer, identified his fingerprint on a drinking glass in the victim's kitchen sink and, during surveillance, saw Murillo in possession of several collector coins belonging to an extensive collection thoroughly catalogued by Giovanditto.

Murillo had even sold several of the coins at downtown Kissimmee antique store Trader Nick's for cash, which undercover officers witnessed for themselves, court documents state.

“Police had ample cause to focus on Mr. Murillo in the first place,” Hatch said. “It's his guilty conscience that determined he wanted to confess.”

Murillo waived his right to appear at his next pre-trial, scheduled for Sept. 24. His trial was rescheduled for Oct. 8.