(ABC 6 News) — Prosecutors in the case against Adam Fravel, who is accused of killing of Winona mother Madeline Kingsbury, filed an opposition to Fravel’s motion to exclude a police interrogation from April 2, 2023.

In January, Fravel filed a motion to exclude the statements he made during an interview just three days after Kingsbury disappeared — claiming that officers never read him a Miranda statement.

In the opposition filed on Friday, May 17, the prosecution argued that Fravel was never read the Miranda statement during the April 2, 2023 interview because he was not in custody at the time of the interview.

A person is not given their Miranda rights until they are in custody and being interrogated, and Fravel had not been arrested at the time of the interview, according to the prosecution.

Fravel reportedly agreed to an interview with the detectives at the Rushford Police Department, drove there in his own vehicle, was never put in handcuffs and left the police station when the interview was finished, according to the prosecution.

Fravel was not placed under arrest until June 7, 2023, more than two months after the interview in question.

The prosecution argued in their response to Fravel that the police department was “simply a place for them to meet” where they could have a more private conversation.

Fravel voluntarily provided the officers with answers to their questions, and it was the officers, not Fravel, that ended the conversation on April 2, 2023, according to the prosecution.

The officers ended the conversation after Fravel felt uncomfortable with the conversation.

“…Now I’m not going to much because now my wall is really up and I’m probably going to have to get a lawyer because I mean I’m feeling really accused of stuff,” Fravel said during the interview, according to the opposition filed by the prosecution.

Fravel reportedly told officers that he would continue answering their questions, but “with more reservation.”

Fravel also met with officers and gave a statement just a day prior, according to the prosecution.

A Winona County Judge is currently deciding whether or not Fravel will be tried in Winona county.