Some evidence in Nicole Lovell case to be thrown out, judge rules

CHRISTIANSBURG (WSLS 10) - Some of Natalie Keepers' 2016 statements to police will be thrown out when she heads to trial in the death of 13-year-old Nicole Lovell next year.

Judge Robert Turk ruled Monday morning that several hours of the first day of two days of police questioning of Keepers will not be allowed.

Keepers is charged with accessory before the fact to first-degree murder, and with concealing a body in the Lovell case. David Eisenhauer is charged with first-degree murder, concealing a body, and abduction.

DAVID EISENHAUER'S TRIAL IN NICOLE LOVELL CASE SET FOR NOVEMBER

Turk told the court he listened to 27 hours of taped interviews and questioning of Keepers from January 30 and 31, 2016 in reaching his decision. Turk explained that up to the point in the questioning where he is suppressing statements from January 30, "everything was fine." Keepers was an alibi witness and the questioning was never confrontational, but conversational, he said.

More than three hours into questioning on the 30th, Turk explained the character of the interview started to change and investigators advised her they were then gathering information against her, evidence that ultimately led to the charges against her.

The recordings, many of which were played in previous hearings, involved Keepers' statements related to what was described as her role in Lovell's death. A detective told Keepers they knew Keepers was "with him when the body was dumped." Keepers responded, "I really don’t want to get arrested or anything" and that she didn't "want to get in trouble for this."

RECORDINGS PLAYED DURING KEEPERS HEARING IN MONTGOMERY COUNTY

According to the court documents the Commonwealth filed opposing the defense motion to suppress Keepers' statements, it was after Keeper's asked why detectives thought she knew where Nicole Lovell was that she confessed. Keepers said "he forced me" then, "she's dead." She then made a statement about her role after the homicide, saying that Nicole Lovell's blanket and items uses to clean her body were in her dorm room, the documents show. Keeper's then offered take law enforcement to the place where she helped Eisenhauer put Nicole's body in his car, the document reads. "It was the first time law enforcement had confirmation Nicole was dead" and the point at which she "was no longer thought of as an alibi witness but as an unwilling participant in the aftermath of Nicole's murder."

It was later that evening of January 30 that Keepers and investigators drove to Craig Creek Road where she helped load Lovell's body into Eisenhauer's car and offered to take them to her dorm room to recover the items related to the crime as well as .

Five hours into the questioning, Turk said, Keepers asked if she was in trouble at which point a detective told her, "I'm not sure what they will do to you based on what you've told us."

From a reasonable person standard, Turk said, any person would understand they're no longer a witness or an unwilling participant at that point and officers would have needed to read Miranda rights.

On the January 31, the second day police questioned Keepers, it was clear Keepers was advised of her Miranda rights and understood them, Turk said. He explained investigators went beyond Miranda and its four basic warnings (notifying a suspect of his rights to remain silent, to statements being used against him in court and the right to an attorney or to have one provided) and went more in-depth. Keepers then knowingly, willingly and intelligently made statements.

Keepers responded by saying, "I don't understand why I wouldn't talk to you" and later declined to talk to a lawyer while helping investigators recount her steps when they notified a lawyer was at the jail waiting to talk with her. Instead, Keepers wanted to keep helping and would talk to the lawyer later, Turk explained.

Keepers was arrested at approximately 1:09 am on January 31, documents show.

Turk denied the defense motion to suppress any of Keepers' statements made on January 31.

JUDGE ALLOWS CAMERAS IN EISENHAUER AND KEEPERS CASES

The Commonwealth has the right to appeal the decision but Commonwealth's Attorney Mary Pettitt said it will does not plan to appeal.

Turk also denied a defense motion for a jury questionnaire on Monday.

Keepers' two week trial was scheduled for February 5-16, 2018.

Eisenhauer's trial is set to begin November 6.