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Attorney: Request for lawyer denied

Hearing set for May on motions to toss Welling’s statements and evidence

Published: Thursday, April 4, 2013 1:15 a.m. CDT
Matthew Welling

DIXON – Matthew Welling, accused of killing an elderly Amboy man, told police that he wanted a lawyer and that they were putting things in his head, according to his lawyer. 

Welling appeared via video in Lee County Court on Wednesday, where a hearing was set for May 8 on his motion to toss statements made to police and evidence gathered at the scene.

Welling, 32, of Amboy, is charged with five counts of first-degree murder and two counts of home invasion. Police say he pushed his way into the home of Delmar Leroy Daniels, 79, on July 18 and killed him during a struggle.       

According to the motion to suppress statements, which his attorney, Lee County Public Defender Bob Thompson filed Jan. 10, Welling told police during a July 19 interview that “I want a lawyer now. You’re starting to put things in my head that aren’t there.”

Police continued to interview him after he asked for a lawyer and interviewed him again the next day without providing him a lawyer or giving him the public defender’s name, the motion said.

According to the motion, he again asked for a lawyer, saying, “I want a lawyer now. I mean you got your charge. Get me a lawyer, just get me a lawyer. I don’t, I told you everything I know. Get me a lawyer. I think I’m getting screwed here now.”

According to the motion to exclude evidence, filed Dec. 27, Thompson was told July 26 that a company cleaned the crime scene before Thompson could see it despite a text message he sent July 20 to Lee County Detective Sgt. Dave Glessner that he was available July 23 or any time afterward to review the scene.

Because he could not see evidence, Welling suffered “irreparable and irreversible harm in his defense to the case and thus loses his right to a fair jury trial due to the state’s destruction of evidence,” the motion said.

Welling, who pleaded not guilty Aug. 8, is in Lee County Jail on $2 million bond.

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