Judge set to rule on statements made in Celebration murder case

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Judge set to rule on statements made in Celebration murder case

County News

Wednesday, 18 July 2012 13:39

Zenon-David

Murillo

By Fallan Patterson
Staff Writer
The only thing standing in the way of David Israel Zenon Murillo getting his day in court July 30 for the 2010 Thanksgiving weekend murder of Matteo Giovanditto in Celebration is his defense motion to suppress evidence.
In a hearing Monday, Ninth Circuit Court Judge Scott Polodna will rule again on whether to suppress from a jury statements Murillo to Osceola County Sheriff deputies and items seized via search warrant of the homeless campsite where Murillo was living at the time of his arrest.
Polodna has previously denied similar motions filed by defense attorney Michael W. Nielson, of Winter Springs.
Nielson contends the statements Murrillo made to detectives were made in violation of Murillo’s Miranda rights. He also asserts the search warrant executed of the campsite was based on “unreliable and unconfirmed” information.
According to the State Attorney Office’s response to the motions, the search warrant, which was issued Dec. 3, 2010, doesn’t specify the location to be searched, stating only that Murillo “is homeless and sleeps in transient camps.”
However, the state contends the warrant was issued on “factual basis” of evidence connecting Murillo to Giovanditto’s murder, including photographs of the suspect on the victim’s computer; the suspect’s fingerprint on a drinking glass in the suspect’s home; phone records between the victim and suspect; and surveillance video of the suspect.
Murillo, while under surveillance by the Sheriff’s Office, was seen entering a wooded area north of the Ramada Inn, 2145 E. U.S. Highway 192, which caused the deputies to establish a perimeter area around the homeless camp.
On Dec. 4, 2010, Murillo was arrested after exiting the wooded area and charged with dealing in stolen property, a charge that had since been dropped by prosecutors. Murillo allegedly has on his person at the time of the arrest two rare coins, both of which were included in Giovanditto’s computer inventory of his extensive rare coin collection.
Murillo was observed by deputies Dec. 3, 2010, discussing the need to “get rid” of collectable coins and sold several to Tradernick’s Coins and Collectables in downtown Kissimmee, according to police reports.
According to the state’s response to the defense’s motions, Murillo was read his Miranda rights and signed a written Miranda waiver, agreeing to speak with detectives in a nearly six-hour interview on Dec. 4 and 5, 2010. Murillo never requested an attorney, according to prosecutors.
The search warrant on the homeless camp was executed Dec. 5, 2010, at which time detectives found items that belong to Giovanditto including an Apple iPad, family photographs and the remainder of the rare coin collection.
Murillo confessed to the murder of Giovanditto Dec. 5, 2010, in a second interview conducted that day after the search of the homeless camp, police reports stated. Murillo again agreed to the Miranda rights and signed the waiver, the state’s response stated.
Murillo then lead detectives back to the homeless camp after the second interview and helped them locate additional evidence including the murder weapon – a hatchet – clothing worn during the murder and a pair of shoes.
Murillo, 30, is accused of killing Giovanditto, 58, in the kitchen of Giovanditto’s condominium, 543 Water St. in Celebration, the Friday after Thanksgiving of 2010. Murillo told police Giovanditto made sexual advances toward him and he attacked the older man with a hatchet found inside the victim’s home.
Giovanditto was found on his kitchen floor covered by a blanket by a female neighbor Nov. 29, 2010, after she became concerned she had not seen him all weekend.
An autopsy by the Orange-Osceola Medical Examiner’s Office confirmed Giovanditto died from blunt force trauma and strangulation.
Giovanditto was a counselor and was known to have contact with local homeless and transient individuals, including inviting them to his condominium to do odd jobs, Sheriff’s Office spokeswoman Twis Lizasuain said.
This was Celebration’s first murder since it was founded in the early 1990’s by Walt Disney World.