HAMPTON, Va. — A judge in Hampton has ruled jailhouse statements made by the father of a missing boy can be used as evidence in his upcoming trial.
Cory Bigsby reported his son, 4-year-old Codi Bigsby, missing in January of 2022. The boy has never been found, but the father was charged with his murder last summer.
Several correctional officers at the Hampton Roads Regional Jail testified on Wednesday about possible confessions Bigsby made during his time in jail.
However, the statements had inconsistencies and contradicted each other with several details.
One officer testified that he was on duty on Aug. 3, 2022. He said Bigsby shouted out to him and the officer wrote the following statement with Bigsby dictating it to him: "I found my son unresponsive, tried CPR, I could not revive him."
In the note, the officer on the stand alleged Bigsby said he tried several times to revive Codi and asked God to save him. Bigsby allegedly said he realized Codi wasn't coming back and "put him in a trash bag, put it in the car and it sat for three days. "
A second officer took the stand and testified about a statement she got from Bigsby.
She claimed Bigsby said that on Jan. 30, 2022, he stepped out of his apartment to get items from his car. When he returned, he found Codi at the bottom of the steps unresponsive from what he claimed was a fall. Bigsby allegedly said he did CPR several times and stepped outside and prayed.
The officers testified that Bigsby revealed he put Codi in the car, drove to Garrett A. Morgan Boulevard, and buried him.
A third officer testified they found a letter in Bigsby’s jail cell in his notebook where Bigsby allegedly admitted to killing Codi. The officer said Bigsby wrote he hit Codi’s head on the floor, hit him with his fists, put him in the fridge, and buried him. The letter said it happened on June 18, 2021, a few months before he reported Codi missing.
Bigsby’s attorney, Amina Matheny-Willard, claimed jail staff or police officers tormented and coerced Bigsby into making his admissions. She asked Judge James Hawks to prevent prosecutors from being allowed to use the statements in Bigsby's upcoming trial.
On Thursday, the judge denied the defense's request.
Hampton Commonwealth's Attorney Anton Bell said he is pleased with the ruling.
“Well we knew the law was on our side," Bell said. "And it was a frivolous motion and the court has ruled it accordingly. We are happy about it and we are ready to try the case.”
However, Bigsby's defense team also asked to have the body camera footage from every officer who went to Cory Bigsby’s house in January 2022. Judge Hawks approved their request, and the prosecution now has seven days to provide the footage.
After Thursday's hearing, Matheny-Willard issued a statement in all caps reading, "WE MAINTAIN OUR CLIENT'S INNOCENCE."
Bigsby's trial is currently scheduled to run from March 4 through 8, 2024.