Posted: Sep 17, 2013 1:35 PM by Dwayne Fatherree, KATC TV-3
Updated: Sep 17, 2013 1:40 PM
The defense attorney for Seth Fontenot has filed notice that he is applying to the Third District Court of Appeal to prevent his client's statements from being used in his upcoming murder trial.
Lafayette attorney Tommy Guilbeau sent two notices to 15th Judicial District Judge Kristian Earles on Sept. 9. In one he stated that he planned to file for a review of Earles' decision to allow Fontenot's statements during his initial interrogation to be used in the trial, scheduled to begin on Nov. 12.
Earles ruled on Aug. 29 the initial interview with Fontenot after the shooting would be allowed into evidence, despite defense claims that he did not know he was a suspect at the time of the interrogation.
According to three Lafayette Police detectives who testified at that hearing, Fontenot was read his Miranda rights, brought to an interview room and questioned. He was also informed he had killed someone about halfway through questioning. In the interrogation transcript, it says Seth Fontenot told police, "I didn't have any intention to kill anyone."
Guilbeau also notified Earles he was filing for a change of hearing date, to push the murder trial back, so his client would have time to complete the appeal process.
Fontenot is accused of killing 15-year-old Austin Rivault and injuring two other teens after shooting at their vehicle. He's facing charges of first degree murder and two counts of attempted first degree murder.