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OGDEN, Utah (AP) -- Prosecutors have decided to appeal a judge's suppression of a man's confession to Ogden police in the death of his infant son.
David Swapp is still charged with murder in the May 2008 death of 3-month-old David Swapp Jr.
Weber County Attorney Dee Smith says 2nd District Judge Michael DiReda's August decision to suppress the father's incriminating statements to police is being appealed to the Utah Supreme Court.
Police say the 28-year-old Swapp waived his Miranda rights before admitting that he killed his son in their apartment.
According to testimony, he described pressing the baby's face in bedding until he stopped breathing.
DiReda ruled Swapp's mild mental retardation precluded him from understanding the Miranda warnings, making his confession inadmissible.
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Information from: Standard-Examiner
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