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WILKES-BARRE &mdash; While Devin Malik Cunningham allegedly admitted to state troopers his role in the April 2019 killing of Joseph Monka, his defense is attempting to get the confession ruled inadmissible, claiming he did not know what an &ldquo;attorney&rdquo; was when offered one.
				Cunningham, 21, is now the only one of the original four defendants in Monka&rsquo;s death who has not entered a guilty plea in the case. Cunningham is accused of killing the 71-year-old Monka in his Edwardsville home with Christopher Brian Cortez, while Monka&rsquo;s granddaughter, Gabriella Elizabeth Long, and her friend, Mercedes Hall, before stealing $30,000 in cash.
				Cunningham was the last of the group to be arrested, being found several days later at his mother&rsquo;s Fairfax, Va., home. It was an interview from that arrest between Cunningham and Trooper Edward Urban that was the subject of Tuesday&rsquo;s suppression hearing.
				Cunningham&rsquo;s attorney, Allyson Kacmarski, filed a motion to have Cunningham&rsquo;s alleged confession to the murder blocked from being heard by a jury, saying that it was not voluntarily given, despite his having signed a waiver of his Miranda rights.
				According to Cunningham, who testified during the hearing, it came down to him not understanding the word &ldquo;attorney&rdquo; at the time of his interview with police.
				Cunningham said when Urban asked if he wanted an attorney, he answered negatively.
				&ldquo;I do not want an attorney,&rdquo; he claims to have said at the time. &ldquo;What is an attorney?&rdquo;
				Cunningham explained that, for some reason, he thought he was being asked if he wanted a judge present, rather than a lawyer.
				Cunningham claims he felt as though he had to sign the form waiving his Miranda rights.
				&ldquo;I feel like I didn&rsquo;t have a choice but to give a statement,&rdquo; Cunningham claimed.
				Assistant District Attorney Jarrett Ferentino disagreed, saying that the interview&rsquo;s transcripts and its recording make it clear that Urban followed procedure and offered him an attorney, and also read him his rights which make clear that he has the right to remain silent. Ferentino also said the transcript shows Urban immediately explained that an attorney is a lawyer.
				While being cross-examined by Ferentino, Cunningham said he did not realize until he had been locked up in the Luzerne County Correctional Facility for a period of time that it had not been in his own best interest to give a statement without an attorney present.
				&ldquo;The bottom line is that Mr. Cunningham has buyer&rsquo;s remorse,&rdquo; Ferentino said, before going on to say that Cunningham&rsquo;s own understanding, or lack thereof, of what Urban said to him is not a legal basis for suppressing his confession.
				Luzerne County Judge William H. Amesbury, who presided over the hearing, told counsel he would issue a ruling on Sept. 29 regarding the confession statement. Records show Cunningham is set to go to trial before Amesbury on Oct. 5.

Homicide suspect: Misunderstanding of word ‘attorney’ led to confession