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Day 5 began as Judge Stevens overruled Defense Attorney Tom Burbank's objection to allowing the police interrogation video of Clayton Foreman just prior to his arrest in April 2021, to be placed into evidence. Citing a violation of Foreman's rights, Burbank argued his client should have been, but was not properly Mirandized.
Given that Foreman was not yet in custody at the time of the interview, Judge Stevens allowed to video to be presented into evidence and to the jury Monday morning, ruling that Foreman'srights had not been violated.
After a delay for technical editing of the video, due to what the prosecution and defense both agreed was an appropriate redaction of an unrelated statement, approximately 45 minutes of video was introduced.
The video, in which recently retired Texas Ranger Brandon Bess, advised Foreman multiple times, that he was free to leave, featured a line of questioning designed to allow Foreman with the opportunity to explain any legitimate reason he would have been in Edwards' townhome or having had relations with her. Denying any involvement with Edwards at the time of her murder or even a decade prior, Foreman also denied knowing of her death, a detail the prosecution says evidence will prove is a lie.
Toward the end of the interview, Bess tells Foreman about the DNA match and questions him as to how his DNA became present at the crime scene. "The only way for that to have gotten there would be for you putting it there," Bess told Foreman just prior to Foreman's request for an attorney and subsequent exit from the interview room.
Moments later, Foreman was arrested for Edwards' murder.
Recess was called following the presentation of the video video evidence, and proceedings will continue this afternoon.