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Oklahoma ex-convict, accused in five deaths, said he blacked out during fight with girlfriend

Recording of statement played for judge who must determine if jurors can see it at next year's trial.
BY NOLAN CLAY Published: September 27, 2011

In the recording, he reacted like he was surprised when he was told he was charged with five counts of first-degree murder.

“Five counts? What are you … talking about?” Durcho said, using profanity. “All I know is that me and … Summer were getting into it. … I blacked out.”

He wept as he spoke, putting his head on his handcuffed hands. Using profanity again, Durcho said in the recording, “I can't believe they're dead. All I know is me and Summer was … fighting and … the next thing I know I … blacked out and I had my hands around her … neck and then next thing I know I blacked out again. That's all I … know.”

“And I woke up in a … hospital,” he said to the agents. “That's all I know. That's all I know.”

Defense attorneys want the judge to rule the statements inadmissible. They suggest the OSBI agents should have left the interview room immediately after Durcho said he wanted an attorney.

“There's nothing to say I can't stay in the room,” Solorzano testified.

Even if the judge bars the recording, prosecutors have other testimony that Durcho admitted attacking his girlfriend. Durcho on Jan. 12, 2009, told an Edmond woman that he choked his girlfriend until she was dead and that he was leaving Oklahoma, according to a court affidavit.

He did not admit to that witness that he killed the children, according to the court affidavit. Instead, he told the witness the children were with a grandmother in Las Vegas, Nev.

Prosecutors are seeking the death penalty.

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