FORT WORTH - A videotaped confession by a man accused of killing his pregnant ex-girlfriend and her 7-year-old son won't be presented during his capital murder trial, scheduled to begin this month.
However, a homicide detective will be allowed to testify that he heard Stephen Barbee make other incriminating statements regarding the deaths of Lisa Underwood and her son Jayden.
State District Judge Bob Gill found Barbee's confession was improperly obtained and ruled Thursday it was inadmissible.
Detective Mike Carroll testified that Barbee confessed to suffocating Underwood in the early morning hours of Feb. 19 at her Fort Worth home. When Underwood's Jayden ran into the room, Barbee covered the boy's mouth and nose until he was dead, authorities said.
But during the interview, Barbee said he thought he would like an attorney and asked the detective what he thought. Carroll told him he couldn't give legal advice and they continued the interview, according to testimony.
Defense attorneys contended Barbee's constitutional rights were violated when Carroll continued interrogating him after the suspect said he might want an attorney.
Barbee also showed authorities where he buried Jayden and Underwood's bodies and made incriminating statements while in a police station bathroom and when guiding officers to the burial site, Carroll said. Jurors will be allowed to hear about those when the trial starts.
Barbee's co-worker, Ron Dodd, was indicted in Denton County on two counts of tampering with physical evidence. He is accused of helping Barbee conceal the bodies.
Information from: Fort Worth Star-Telegram, http://www.star-telegram.com