The defendant in a 46-year-old homicide “cold case” has filed a motion to suppress an interview he gave to state police prior to his arrest in the case.

Luis Sierra, 64, of Ozone Park, New York, is facing homicide and related charges in the death of a woman whose body was found over 46 years ago on Dec. 20, 1976, along the Lehigh River in East Side Borough. State police never gave up on solving the cold case and through DNA testing were able to finally identify the victim as Evelyn Colon. The case was tagged the Beth Doe murder case until a positive identification was made.

On Thursday afternoon, Carbon County Judge Joseph J. Matika conducted a hearing on a motion to suppress an interview Sierra gave to the state police in March 2021 at his home in Ozone Park. The motion is one of several filed by defense attorney Robert E. Madden, of Philadelphia.

Madden’s motion, in part, argues that when state police went to interview Sierra on March 31, 2021, he was already a suspect in the murder of Colon and that he should have been told that and given Miranda rights warning.

District Attorney Michael Greek argued that the two troopers who interviewed Sierra that day, Brian Noll and Brian Janoski, had not yet determined that charges would be filed against him. He said only during the course of the interview when several inconsistencies developed in Sierra’s answers to questions, did the troopers then believe he was the one who had killed Colon.

Noll testified at the hearing stating Sierra’s name was given to police by Colon family members who said the victim was dating Sierra at the time of her disappearance. An autopsy determined the cause of death to be strangulation. It also revealed she was pregnant and the fetus was a full-term girl (about 8-9 months), the victim’s head was severed, and the nose and ears were cut off. The victim also had a gunshot wound to her neck.

Noll testified that Sierra invited him and the other trooper into his home. He said Sierra was told the two were investigating a missing persons report. He said when he asked Sierra if he knew a Evelyn Colon, the defendant responded no. But when told the incident dated to 1976, Sierra then said he did remember that he knew her.

Noll said several times during the interview Sierra was told he did not have to continue to talk with them. He said Sierra was never read his Miranda rights because he was not under arrest at the time.

Noll testified how the DNA was obtained and eventually led to the identification of Beth Doe. He said after that the DNA results helped lead police to family members, including Evelyn Colon’s relation in Texas. The person directed police to the victim’s brother, Louis Colon, who was residing in New Jersey. He and other family members then identified that Sierra was dating the victim at the time of her disappearance.

Evidence for warrant

Noll said after about two hours into the interview, he left the home and went outside to call the Carbon County District Attorney’s office. He said he felt there was now enough evidence to get an arrest warrant for Sierra. He said the warrant was eventually secured.

He said prior to going to Sierra’s home the New York City Police Department was contacted and told what was going on. He said when he and Noll arrived at the Sierra’s home two New York City police detectives met them. He said the detectives did not go into home with him or Janoski but waited outside. He said one of the reasons to have city police present was since he had no jurisdiction in New York and if an arrest was eventually made, New York officers would have to serve the warrant and take the suspect into custody. He said that did eventually happen.

Noll also admitted that prior to entering Sierra’s home he considered the defendant a suspect in the case. He said he did not give Miranda warnings because they were conducting a missing persons probe and it was an investigative tactic used by police in such cases.

He said after he left the room to contact the DA’s office, Trooper Janoski continued to speak with Sierra. He said that continued for another two hours for a total of four hours of interview time.

He said while speaking with Sierra, the defendant had access to his cellphone, had sent some text messages and received some calls during the interview. Noll said no one interfered with Sierra if he wanted to move about the house.

Madden asked if, after receiving the OK for an arrest warrant, was Sierra then given his Miranda warnings, which Noll said no. Noll said after the warrant was received by New York police, the two detectives who were with them took Sierra into custody. Eventually Sierra was then extradited back to Pennsylvania. He has been in the county prison since being brought back to the state.

Matika took the matter under advisement and will issue an opinion at a later date on the suppression motion. The other pending motions will also be scheduled for a later date, Matika said.