ROCKVILLE, CT (WFSB) – An Ellington man accused of killing his wife faced a judge for a request on Friday.

Richard Dabate’s attorney wanted to keep a jury from hearing his initial statement to police.

The state and the defense agreed the recorded police statement should be used during the trial, but also said that it should be redacted.

For a third day in a row, Dabate’s lawyer argued his client was in a “custodial situation” when he first spoke to police.

Police say Dabate killed his wife, Connie, more than four years ago around Christmas.

During the recorded interview, detectives were heard speaking to Dabate while nurses went in and out of the room. He sought treatment following claims that an intruder killed his wife and hurt him.

For his defense team, this showed how Dabate could not simply ask police to leave since he was bound to his bed while being hooked up to machines.

For the state, it counter-argued how Dabate remained cordial while volunteering information. At one point, Dabate is heard saying something along the line of, “I appreciate you guys being here.”

“He signed seven consent forms, not restrained, [and was] told he could leave numerous times. He’s lucid, alert, clear-headed, no yelling, no trickery,” said Matthew Gedansky, State’s Attorney.

Throughout the tape, police were heard saying Dabate was not under arrest and that he could leave anytime.

Dabate’s lawyer says Dabate had no control over who entered his room.

Now, the judge must decide what should happen with the police statement.

In the meantime, Channel 3 learned the defense plans to argue against electronic evidence, including a Fitbit police used to connect Dabate to the killing.

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