Judge Aquilina sided with the defense in two motions to exclude a statement Tim Holland made to police before he was arrested.
In Lisa Holland's case, her attorneys argued no one from their camp had the opportunity to question Tim about his allegations against her. He says his wife killed Ricky with a hammer. Lisa Holland's attorneys say excluding that statement is a victory, but it's one they expected.
Tim Holland's battle was more complicated. His attorneys argued an agreement he made with police before he made his statement was a plea deal. The prosecutor said it wasn't, and whatever agreement was there, he violated it.
In the statement, prosecutors say he admitted to removing Ricky's body and dumping it in a gaming area in Dansville. In order to prosecute him for murder, the judge ruled the government will have to use evidence, not just his statement, against him.
The prosecutor says it changes their plan of attack, but not their plan overall.
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