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Ruling in Fox Valley murder case to be appealed by Outagamie County DA

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Judge's Gavel By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons
Judge's Gavel By Brian Turner (Flickr: My Trusty Gavel) [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

APPLETON, WI (WTAQ) - A decision to throw out a murder confession is going to be appealed by Outagamie County's prosecutor.

District Attorney Carrie Schneider said on Monday that she will ask the Wisconsin Attorney General's office to appeal last week's ruling which tossed out Mastella Jackson's confession and related evidence.

Outagamie County Judge Mark McGinnis ruled that Grand Chute police violated Jackson's rights when they questioned her about the murder of her husband, Derrick Whitlow, in February 2012. Whitlow was stabbed at the hotel where he and Jackson lived.

McGinnis said prosecutors could not use the confession or items obtained from a search warrant that was executed afterwards.

Schneider says that if the state agrees to pursue the case, an appeal could take up to six months. Currently, the case is scheduled to go to trial on July 7.

(Additional reporting by FOX 11).

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