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Judge tosses evidence, confession in double homicide case

WICHITA — A Sedgwick County district judge has ruled that most of the evidence and a suspect's confession in a double homicide last Thanksgiving is inadmissible at trial.

Judge David Kaufman ruled this afternoon that Wichita police made illegal entry into the Mulvane home of Sam Holton last year. He said any evidence they obtained afterward, including Holton's confession, cannot be used at trial.

The trial for Holton in the deaths of Adrian Jackson and Jessie Foust, who were found dead on Thanksgiving Day 2009, was originally scheduled for next week. But prosecutor Marc Bennett said he will seek a continuance.

While Kaufman ruled that Holton's confession was voluntary, the judge said it could not be used at trial because it was a result of the illegal entry.

Prosecutors had argued that Holton's mother invited detectives into her house after she found her son with jewelry taken from Jackson's home.

Kaufman said Kansas law requires explicit permission before police can enter a home.

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