Prosecutors are appealing to Oregon’s highest court to review a decision barring a Bend murder defendant’s statements during an interview with police from being admitted at trial.

The Oregon Department of Justice filed a notice of the appeal in murder defendant Randall Kilby’s case on Friday and will be handling the case before the Oregon Supreme Court.

“We believe that it’s important to appeal in order to have a higher court make the determination about the admissibility of those statements,” Deschutes County District Attorney Steve Gunnels told The Bulletin on Tuesday. He added, “The statements are critical to the prosecution of the case.”

Judge Annette C. Hillman, the presiding judge in Crook and Jefferson counties, previously ruled that jurors couldn’t hear Kilby’s statements about victim Daphne Banks, 43, because he should have had an attorney present during the March 21, 2021, interview with Bend Police.

During the interview, Kilby told police that he hit Banks in the head before her death, prosecutors allege in court records previously reported by The Bulletin. He also said: “It’s not my fault,” according to the records.

The latest appeal will likely result in a delay in Kilby’s upcoming murder trial, which was scheduled to begin Jan. 9, said Gunnels.

Kilby’s defense attorneys did not return a phone call seeking comment.

Kilby was convicted in a separate case earlier this month of using a hatchet to murder his roommates, brothers-in-law Jeffrey “Jeff” Taylor, 66, and Benjamin “Benny” Taylor, 69, at the home they shared on Granite Drive in Bend. He is scheduled to be sentenced on Jan. 5.

Deschutes County jury finds Kilby guilty for murder of Jeff and Benny Taylor

Deschutes County jury finds Kilby guilty for murder of Jeff and Benny Taylor

“Both me and my sister are hopeful that my mom’s case is moving forward,” Banks’ daughter, Laci Killian, told The Bulletin on Tuesday. “And we’re happy that justice is being served in the other case.”

Kilby has been accused of fatally attacking Banks on Christmas morning in 2020. Banks was hospitalized with a serious head injury and died Jan. 10, 2021.

Kilby, who has pleaded not guilty, initially said Banks fell and hit her head. Kilby was arrested and then released as police continued to investigate.

After Banks was hospitalized, Kilby’s attorney, Michelle McIver, told Bend Police that her client would no longer be making statements about this case without a lawyer present.

On March 21, Bend Police found the bodies of the Taylors, arrested Kilby and then interviewed him at the police department. Prosecutors played a two-hour video of this interview during Kilby’s most recent trial. In it, Kilby said he hit both of the Taylors with a hatchet, but jurors did not hear any statements he made about Banks.

Accused murderer told Bend police he hit roommates with hatchet, trial video shows

Accused murderer told Bend police he hit roommates with hatchet, trial video shows

During the same interview, according to Hillman’s ruling, an officer asked Kilby: “Is there anything else that you think that you would or need to take ownership for other than like what we’re talking about with Jeff and Ben.”

The document states: “At which point (Kilby) makes statements about hitting Daphne in the head and officers continue with questions directly about the death of Daphne Banks.”

Gunnels said Kilby could be sent to prison after next week’s sentencing hearing, where he’ll await the outcome of the appeal.

A jury found Kilby guilty of first-degree murder following his trial earlier this month. He faces life in prison.