ESPN College Football

BOZEMAN, Mont. -- Former Montana State athlete John Lebrum never asked for an attorney and voluntarily spoke with police while being questioned about the shooting death of Jason Wright, a prosecutor said Wednesday.

Lebrum, a former redshirt football player, and Branden Miller, both 23, are charged with murder, kidnapping and tampering with evidence stemming from the June 23, 2006, shooting death of Wright, 26, whom police have described as a cocaine dealer.

Lebrum's attorneys asked for the hearing, arguing that Lebrum's police interview should not be used as trial evidence.

During Wednesday's hearing, Lebrum's attorney, Al Avignone, testified that he asserted Lebrum's right to remain silent and his right to an attorney during the interrogation, both vocally and in a fax to the county attorney's office.

Avignone said he asked that the detectives stop interviewing Lebrum and tell him that his attorney was there, but that was never done.

Deputy County Attorney Ashley Harrington, the prosecutor, testified that the interviews were lawful and that Lebrum knew his rights and waived them.

Later, witnesses were questioned about whether detectives had threatened Lebrum with the death penalty to get him to speak.

Bozeman Police Detective Sgt. Dave McManis testified that he told Lebrum he could be charged with murder and sentenced to death. McManis said he was advising Lebrum of the potential maximum punishment, not threatening him.

Court testimony also revealed that during his interview, Lebrum expressed fear that Miller would hurt him.

The hearing, and a similar one on Monday in Miller's case, have revealed that Wright's blood and Miller's fingerprints were found on a gun purchased by Miller several weeks before the shooting, but that Miller's DNA has not been found at any of the crime scenes.

Salvagni told attorneys on both sides to file their conclusions by Nov. 2, after which he will decide on whether to allow Lebrum's statements at trial.

Copyright 2007 by The Associated Press