The case of Jan Waters who is accused of killing her ex-husband Alan Waters in 2004 seems to have stalled out. It has been over 5 years since the murder and Waters, who was arrested and charged with the crime, is out on bail.

Detectives conducted an unconstitutional interrogation of Waters, a judge ruled. State District Judge Mike Erwin ruled the questioning of Jan Waters was unconstitutional because there was no proof she received her Miranda warnings before being questioned. Erwin also ruled the questioning was unconstitutional because Waters asked a lawyer friend, Tim Burgmeier, to accompany her into the interrogation room, but East Baton Rouge Parish Sheriff’s Office detectives did not allow it.

A hearing is scheduled for August 1st to see if jurors will be allowed to hear the statements obtained by detectives during her questioning. The prosecutor in the case, Brent Stockstill said he doesn’t even intend to use Waters’ statement at the trial because it didn’t even contain any significant information. According to Stockstill, Waters stands to inherit a $6 million estate and has lawyers who are doing everything they can to delay the case.

Waters’ story is that she was on her way to New Orleans and in a Kenner hotel and restaurant when deputies say her husband was killed. Her cell phone records and some receipts prove that she was at the Comfort Suites hotel on O’Neal Lane, about 4 miles from where her husband was killed.