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May 16, 2008 3:42 pm US/Eastern
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"Joe Cool" Murder Case Back In Court
MIAMI (CBS) ―
There's a federal hearing taking place Friday on whether to toss out statements made by two jailhouse informants about the involvement of two suspects accused of murdering four people on the "Joe Cool" charter fishing boat.
Prosecutors say Guillermo Zarabozo and Kirby Logan Archer hired the boat for a trip to Bimini and tried to divert it to Cuba, fatally shooting the captain of the "Joe Cool" charter fishing boat, his wife and two deckhands.
In April, attorneys for Zarabozo asked the judge to prevent jurors from hearing what he allegedly told a jailhouse informant; that co-defendant Kirby Archer killed the boat's captain, Jake Branam, and crew because they refused to take the men to Cuba instead of the originally agreed-upon destination of Bimini.
In court Friday, defense attorneys filed a motion to suppress the jailhouse statements made by Zarabozo to the informant.
Defense attorneys questioned whether the government intentionally assigned the known informant to the cell next to Zarabozo. If so, Zarabozo's attorneys argue, the jail house snitch was in reality an informant for the prosecution therefore it would violate their client's right to counsel if he's allowed to testify at trial.
According to the court documents released in April, Zarabozo said the pair wanted to reach Cuba because the Caribbean island doesn't grant extraditions to the United States. Zarabozo also supposedly said he threw the bodies into the ocean and cleaned up the boat.
Also in court Friday, defense attorneys filed a motion to suppress evidence taken from Zarabozo's apartment. That evidence included receipts for a Glock 9mm magazine and four boxes of 9mm bullets purchased from Lou's Gun Shop and Police Supply in Hialeah. FBI investigators have said that four spent shell casings found on the "Joe Cool" came from a 9mm Glock handgun, which is the same size and brand purchased by Zarabozo. Zarabozo's mother took the witness stand Friday to testify about the consent to search.
The judge has already decided there will be no arguments Friday. He only wanted to hear witnesses and he'll make a decision on both motions at a later date.
Zarabozo and Archer could face the death penalty if convicted of federal charges including murder, kidnapping and seizing control of a ship by force. They have pleaded not guilty and claim that Branam and his crew were killed by Cuban pirates who attacked the boat at sea. They also claim a third boat picked up the hijackers who left the defendants in a life raft.
The murder charges were filed without bodies, guns, witnesses or confessions but prosecutors believe there is enough circumstantial evidence to prove that the crew of the 'Joe Cool' was killed at sea and their bodies dumped overboard by the two men.
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