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Slain girl's mom: Keep him behind bars
Connie Martinez on Jeffrey Malmberg's appeal
Updated: Thursday, 26 Jan 2012, 11:54 PM EST
Published : Thursday, 26 Jan 2012, 11:35 PM EST
GRAND RAPIDS, Mich. (WOOD) - The mother of a little girl who was killed and then thrown in the trash said she hopes that the man convicted of the crime won't go free.
Jeffrey Malmberg was sentenced to up to 90 years in prison for the death of 2-year-old Jozlynn Martinez. Now, he's appealing that conviction.
"I just hope that they uphold the findings in the first trial," said Jozlynn's mother Connie Martinez.
She said that she's not happy about the appeal:
"He does not deserve one," she said.
Martinez said she hasn't seen Malmberg since he went to prison.
"I don't want nothing to do with him," she said. "If I can keep him behind bars, then OK."
She said she still thinks of her daughter often:
"I can't really put it behind me because the thoughts are there every day about my children," said Martinez. "It's still there, but not as severe."
Malmberg's attorney said a statements Malmberg made to police should not be allowed as evidence because he said Malmberg was questioned by 13 interrogators over the course of five days and was sleep deprived and hungry.
His attorney said that based on those conditions, the statements were not voluntary.
Malmberg's attorney also alleged that there was a lack of evidence aside from Malmberg's confession.
He also said that his client should be re-sentenced because the judge increased the sentence because Malmberg did not plead guilty.
The Kent County prosecutor said Malmberg was read his rights several times and voluntarily spoke with police. He said Malmberg admitted to the crime on the stand and the sentencing was within state guidelines.
Arguments on this appeal are scheduled before the Michigan Court of Appeals on Feb. 7.
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