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Trial dates set for Lazcano brothers

Trial dates have been set for Daniel and Frank Lazcano who face murder charges in the death of Marcus Schur in 2011.

Daniel Lazcano’s trial will start on Feb. 11 at 9 a.m., and Frank Lazcano’s trial will begin on Feb. 26 at 9 a.m.

The trials will start with jury selection, according to county prosecutor Denis Tracy. Twelve jurors will be selected with one to two alternates from a pool of registered voters and drivers over the age of 18 who live in the county.

A hearing also is scheduled for Frank Lazcano in Whitman County Superior Court on Feb. 8 at 1:30 p.m. to determine if statements Lazcano made to police officers when he was arrested were lawfully attained and can be used as evidence. Those statements will be made public at the hearing, Tracy said.

He said the judge will rule if statements made when Lazcano was arrested were admissible if he waived his Miranda rights.

Every person who is arrested is read the Miranda rights. The warning is intended to protect a suspect’s Fifth Amendment right to refuse to answer self-incriminating questions. After someone is placed under arrest, the police officer will say to the suspect something such as, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed to you.”

If Lazcano waived his rights, any statements he made could be used as evidence during his trial.

Tracy also said the brothers stopped considering plea bargains that had been offered to them.

 

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