Nutter was taken to his cell. Nutter's wife arrived and demanded an opportunity to talk with her husband. Hardy was reluctant to allow a visit but finally told her that she could talk to Nutter in the presence of Officer Sims. She agreed and was seated in the interrogation room with Officer Sims when Nutter was led in. Sims heard this statement and would testify to it.
Nutter moves to suppress the statement.
The next morning he was arraigned and counsel appointed. Jenkins engaged Nutter in conversation about the homicide and Nutter eventually admitting kidnapping and murdering Ms. Petersen. Nutter moves to suppress his statement to Jenkins. Hardy terminated the interrogation and Nutter was jailed for the night. Nutter was arraigned the next day and counsel appointed.