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Man doesn't want confession to Madison police used in SD trial

SIOUX FALLS, SD (WTAQ) - A man who admitted killing an elderly woman in South Dakota does not want his jury to hear the confession he gave to police in Wisconsin where he was arrested.

43-year-old James McVay has pleaded guilty but insane to the stabbing death of 75-year-old Maybelle Schein.

Friday is the final day of a two day court hearing in Sioux Falls South Dakota, on whether his confessions will be given to the jury in his upcoming sanity trial.

The murder occurred in July of 2011. He was arrested the next day in Madison, where he told police and a TV reporter that he killed Schein and stole her vehicle so he could drive to Washington and kill President Obama while he plays golf.

He also said he would kill others, and he wanted to be put to death.

McVay’s attorneys say his comments should be stricken from the record because he was sleep-deprived, and was influenced by drugs and psychosis when he made the remarks.

In Madison, McVay blamed the South Dakota Corrections’ Department for the murder of Schein. He said prison officials allowed him to finish a previous sentence despite his psychosis.

Prosecutors say there’s no evidence of his having psychosis.

If his sanity jury finds he was sane when he committed the killing, McVay would go to prison. Otherwise, he’d get a mental commitment.