A Wayne County judge will decide whether an interview Alberto Reyes gave investigators last year can be used in the murder trial against him.

Reyes is accused of killing his then-girlfriend Selena Hidalgo-Calderon and her 1-year-old son Owen. 

Selena's body was found a Sodus farm last May, and Owens remains were discovered seven months later.

Rochester Police Sergeant Gus Venosa testified Monday about Reyes' initial six-hour interview on May 23, 2018. The investigator said he read Reyes his Miranda rights in Spanish, but he waived the right to an attorney. 

"You have two rights: to invoke your right to remain silent or invoke your right to council. It will be a determination the judge will have to make," said prosecutor Christine Callanan. "It must be unequivocal statement and has to be firm. That’s why it's a discussion of what language and timing was used. It's up to judge to review all facts and circumstances and make decision."

Venosa said Reyes told him he was telling the truth about moving Selena’s body and not knowing about Owen’s whereabouts during that interview.

Reyes is due back in court on April 2.

The 26-year-old from Mexico is also charged with possession of a counterfeit social security card, alien registration card and illegal re-entry after deportation. 

Each charge carries a maximum penalty of 10 years in prison and a $250,000 fine. 

His criminal trial is slated to begin in June.