OGDEN — A trial for an Ogden man accused of murder will go forward as scheduled after a district judge denied two motions in the case Thursday.
The trial for Jose Robert Zamora, 23, will begin on Sept. 17. Zamora has been charged with one count of murder, a first-degree felony, and obstruction of justice, a second-degree felony. He pleaded not guilty to both charges during a preliminary hearing in December.
Zamora was charged in connection with the death of his 74-year-old neighbor, David Martin Paulson, whose body was found bloodied and beaten around 7 a.m. on July 16, 2018, behind a restaurant near the intersection of 26th Street and Monroe Boulevard.
Zamora's attorney, Michael Boyle, had filed a handful motions regarding the case that were the focus of the Thursday hearing.
Boyle filed a subpoena in June to get Paulson's medical records in the effort to show that Paulson reportedly had a heart condition. Boyle argued that he was trying to figure out if Paulson had instead died from a heart attack related to his heart condition instead of the blunt force injuries he suffered in the attack. The largest head wound on Paulson's body was around two inches long, Boyle said, arguing there was no "kill shot."
Judge Camille Neider ultimately denied the motion, saying that Boyle had little to no proof that the possible heart condition may have been responsible for his death.
"That seems to be a quantum stretch," Neider told Boyle.
Neider also denied a motion to continue Zamora's trial dates that was in connection with the subpoena for Paulson's medical records.
In another motion, Boyle had argued that Zamora had not properly been read his Miranda rights before talking to police, and thus, any statements he made to police could not be used at trial.
Boyle said that when Zamora was in custody, he was asked by Ogden Police Detective Jacob Wilson if he would like to speak to police. Zamora responded, "sort of and no," according to the motion. Boyle argued that when Zamora replied "no" to the question of if he wanted to speak to police, the interview should have ended.
In response, Deputy Weber County Attorney Thomas Pedersen argued that just after that statement, Wilson clarified with Zamora what he meant. Zamora then went on to say he was OK speaking with police.
Neider went on to deny Boyle's motion to suppress the interview between police and Zamora, finding that Wilson's effort to clarify Zamora's response was sufficient and that Zamora knowingly waived his rights when he agreed to speak to police.
Zamora's next court appearance is scheduled to take place on Aug. 23. His trial is slated to begin on Sept. 17, and he is being held without bail at the Weber County Jail.