MILWAUKEE (WITI) -- Benjamin Sebena, the man accused of gunning down his wife, Wauwatosa police officer Jennifer Sebena, was back in court Friday, June 21st, as his attorney fought for two decisions to go their way.
First was the issue of whether the NGI - not guilty by reason of insanity or mental defect - plea would hold up in court.
After a court appointed doctor's mental health report found Sebena was not suffering from mental disease or defect, Sebena's defense team retained it's own doctor for a second opinion. Today it was revealed that that doctor's findings showed similar results.
"Both reports find very significant psychological mental health issues, some of which were being addressed, some of which were not being addressed," said Judge David Borowski. "Despite those issues, both doctors came to the conclusion there was not support for the NGI."
Secondly, Sebena's attorney filed a motion to suppress some of the statements Sebena made during a six hour interview the morning after his wife was murdered. Sebena was never read his Miranda rights.
Sebena voluntarily came in for questioning and allegedly confessed to the murder 48 hours later.
After reviewing testimony and transcripts, Judge Borowski ruled, "I do not think Mr. Sebena was in custody. I think under the circumstances he did not need to be read his Miranda warnings. He was not, in my opinion, being interrogated."
Sebena's lawyer had no comment after the hearing. The trial is slated to being in July.