Brett Hooghkirk’s video taped confession to killing Lisa Garretson will be used as evidence if the case goes to trial.

After reviewing the tape of Hooghkirk’s confession and comparing it with a taped interview of a tatooed, motorcycle riding suspect, Circuit Court Judge John Nickels ruled Tuesday that the DeKalb police did not force Hooghkirk to confess.

A comparison of the two tapes showed the police interviewed all suspects the same way, and did not single out Hooghkirk as the killer, said DeKalb County State’s Attorney Mike Coghlan.

“The defendant did in fact knowingly waive his Miranda rights,” Nickels said.

Hooghkirk told DeKalb police he saw a biker threaten and strike Garretson shortly before her death.

“I do not see the relevancy of the biker’s involvement or lack thereof in this investigation,” Coghlan said.

Nickels also ruled the police did not eavesdrop on a conversation Hooghkirk had with his mother at the police station the day he confessed.

Sheila Hooghkirk talked with her son Jan. 22 in the room where he confessed. Two detectives warned Sheila before she entered the room that her conversation with her son would be videotaped, court documents state.

Although Coghlan said the state is ready to go to trial, Nickels gave the defense two weeks to review new evidence provided by the state.

Nickels set a status hearing for Aug. 13.

DeKalb Police Chief Don Burke and Lt. Dick Moudy left the court room smiling, but refused to comment on the case.

Defense attorney Bill Brady quickly left the courtroom and refused comment.

Coghlan said it would be inappropriate for him to comment on whether the case would go to trial or not.