Judge: Guevara confession allowed at trial

Posted at 4:25 PM, Mar 10, 2016
and last updated 2016-03-10 18:25:25-05

A mother murdered, and an amber alert issued for her son who later turned up dead.  Thursday a judge ruled if a confession that led police to the boy's body can be used at trial.

Douglas County Judge Marlon Polk denies the defense's suppression motion and will allow Guevara's interviews to be used at trial.

Police interviewed Guevara three times days after Jesus Ismenia Marinero's body is found at 4th & Cedar St on May 6, 2015.  Her son, Roberto Martinez-Marinero is convicted of murdering his mother and throwing his half brother 4-year-old Josue Ramirez-Marinero into the Elkhorn River.  He also dumped his half brother 11-month-old Angel in a La Vista dumpster but he was found alive.

Guevara allegedly helped Roberto, who is her boyfriend and father of her children, with all the crimes.

"It was during the course of the investigation obviously there were things that hadn't been discovered yet, there were other people being questioned and it became very important obviously to try and find this little boy," Douglas County Attorney Don Kleine explained.

Guevara initially told investigators she didn't know what happened, but eventually leads police to where Josue was thrown off the bridge.  The defense argued she didn't voluntarily give any information and suffered from PTSD.  The judge said authorities followed her constitutional rights.

In February, Roberto pled guilty to murdering Ismenia and Josue and received two life in prison sentences.

Ismenia's family says Guevara could've been a hero and saved them, but chose not to.

"Regardless if she could've helped or not with my aunt, she had the chance to help Josue and Angel and she didn't do it, so for me she's as guilty as him,” said Veronica Rosa, Ismenia’s niece. "I know that's not going to bring my aunt or Josue back but at least I hope that they both think about what they did every single day of their lives."

Guevara also waived her right to a speedy trial because the defense wants to get her another mental evaluation before proceeding forward.  Both sides hope to schedule a trial date soon.