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husband wife killing virginia evidence.

FILE - This image provided by the Fairfax County Police Department and taken on Oct. 13, 2023, was submitted as evidence in the murder case against Brendan Banfield shows a framed photo of Banfield and Juliana Peres Magalhães on his bedside table in Herndon, Va. (Fairfax County Police Department via AP, FILE)

Child’s interview can’t be used in her father’s trial in killings of wife and other man, judge rules

A Virginia judge has denied prosecutors’ motion to have an interview of a man’s child be used as evidence in his trial in a double-killing case. Brendan Banfield is accused of plotting with an au pair to kill his wife and another man in February 2023. On Friday, the judge said that the interview could not be used because a child’s interview would be admissible only if the child was being directly victimized by the parent. In this case, the interview was conducted more than a year before her father was arrested and nearly two years before the child’s father was charged with child abuse. The judge also has denied Banfield’s motions to remove the lead prosecutor of the case and to quash the indictment.

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