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Judge: Melanie Eam's confession will be allowed

Posted at 4:59 PM, Nov 22, 2017
and last updated 2017-11-22 19:59:46-05

A Palm Beach County judge has denied a request to toss a confession of a woman accused of killing her ex-boyfriend in Loxahatchee last year.

Melanie Eam faces a second-degree murder charge.

Prosecutors said she stabbed James Barry to death in Loxahatchee in November 2016. She was later arrested in Maryland.

Eam's lawyer asked a judge to stop her confession from being presented during her trial.

Eam claimed officers never read her rights and denied her access to a lawyer.  And she claimed a detective told her she would most likely never have the opportunity to tell her side of the story to law enforcement and that an attorney would tell her not to speak.

In his ruling, the judge said Eam was told by a detective that she was not under arrest so her Fifth Amendment rights were not violated.

And, the judge said statements given by the detective about whether she should speak to law enforcement were not a "material misstatement of the law."