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Jeffrey Malmberg listens as he is found guilty of second-degree murder in the death of Jozlynn Martinez in February. (October 11, 2010)
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Malmberg to appeal Jozlynn conviction
Convicted of murder in October 2010
Updated: Thursday, 26 Jan 2012, 3:27 PM EST
Published : Thursday, 26 Jan 2012, 3:09 PM EST
GRAND RAPIDS, Mich. (WOOD) - Jeffrey Malmberg, convicted of killing 2-year-old Jozlynn Martinez, will have his appeal heard by the Michigan Court of Appeals on February 7.
On October 11, 2010 , a jury rejected Malmberg's claim that the toddler's death was an accident, finding him guilty of second-degree murder.
The 40-year-old also was found guilty of the two other charges leveled against him: larceny, for taking money from the girl's mother, and tampering with evidence, for disposing of the girl's body.
In his appeal, Malmberg claims his statements to police were involuntary and therefore not admissible. His attorney said Malmberg was deprived of sleep and food and was not given a lawyer promptly.
He also claims that, beyond his confession, there is a lack of evidence connecting Malmberg to the crime. Additionally, his attorney said Malmberg should be resentenced because the judge illegally increased his prison term because Malmberg refused to admit his guilt.
The Kent County Prosecutor's Office maintains Malmberg's claims are baseless. He was read his rights several times, they said, the interrogations were not non-stop and that he had time to sleep and he was given food.
Malmberg's statement about an attorney was not a direct request for an attorney, they said, and did not qualify as a request under the 5th Amendment. Any statements he made afterward were voluntary and admissible.
Malmberg admitted the same facts on the stand before the jury, and the circuit courd had denied a request at trial to supress his statements to police, prosecutors said.
Beyond his admission on the stand during testimony, there was other corroborating evidence -- including video of him at a Dumpster -- that was enough to sustain the conviction.
Furthermore, his sentencing was within guidelines, prosecutors said.
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