A man accused in the murder has mental health issues, and his confession can't be used in court, according to his attorney

A man accused in the murder has mental health issues, and his confession can't be used in court, acc ...

A lawyer for a Bergen County man accused of confessing to killing his girlfriend last month has no choice but to be used against him in court.

According to court records, Alicia A. Arnone, 35, was found stabbed in the head and neck of her Leonia home.

According to the Bergen County Prosecutor's Office, Diakos allegedly confessed to the charges in phone recordings and implicated himself in text messages.

According to a court Thursday, Kathleen Theurer, who is Diakos' attorney, said her client's confessions are "the ramblings of someone who is suffering."

During the detention hearing, Diakos suffers from severe depression and schizophrenia. There is no physical or eyewitness evidence linking Diakos to the crime.

Arnone's ex-boyfriend, but the prosecutor's office later named Diakos as their principal suspect, leaving him mute.

Theurer said the charges against the other man were dismissed after Thursday's hearing.

Detectives said in court records that after arresting the first suspect, they discovered phone recordings in which "Diakos would confess to stabbing Arnone multiple times, specifically stating that he stashed Arnone in the neck and chest."

According to the detectives, Diakos also engaged himself in text messages to at least one other person, who detailed their allegations in an affidavit of probable cause.

On Thursday, Theurer accused the prosecutor's office of being "inappropriately dishonest" by accusing two different men of murdering in a jury, "without any accusations of conspiracy or accomplice liability."

The victim's daughter told police she saw a man, the first suspect, at the scene of the crime, who "looked at her defyingly and fled."

The daughter of Diakos said she was wrong when she got into custody the night her mother was murdered. Days later, the recordings and text messages were discovered.

Despite his mental health issues, Judge Susan Steele recommended Diakos stay in the Bergen County jail until his trial. He has seven days to appeal the judge's decision.

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