STORY: "Attorney says Jeffersonville murder suspect was coerced into confession Detective, prosecutor stand by interrogation ," by reporter Elizabeth Depompei, published by The News and Tribune on November 22, 2016; (Thanks to The Wrongful Convictions Blog for bringing this story to our attention. HL);
GIST: "The attorney for a Jeffersonville man accused of killing his father more than a year ago asked a Clark County judge Tuesday to suppress incriminating statements his client made to police. Darren Cave, 33, was charged with murder after police found his father, 60-year-old Earl Cave, battered to death on the bathroom floor of his home at King Solomon Apartments on Oct. 8, 2015. Dave Mosley, Cave's court-appointed attorney, filed a motion in June to suppress statements Cave made to police. On Tuesday, Clark County Circuit Court No. 1 Judge Andrew Adams listened as Mosley argued that police coerced Cave into making a confession. Jeffersonville Police Department Detective Capt. John Beury testified that he questioned Cave on at least three occasions between Oct. 8 and Oct. 10, 2015. Before the first interview, Beury said, Cave was "not responsive." Beury also said Cave exhibited "behavior that was not normal," prior to questioning, including masturbating while alone in the interview room, an act observed on surveillance camera. "[The interview] ended because he was non-responsive and we had concerns of his mental state," Beury testified. Cave was taken to Clark Memorial Hospital for evaluation. The next day police were called to the hospital after Cave allegedly battered two hospital employees. Police took Cave back to the station for more questioning. Beury said Cave seemed "sedated," but he signed a waiver of rights form. When Beury asked Cave if he killed his father, Cave shook his head "in the affirmative," Beury said. Cave then put his head down and stopped talking. Police brought Cave in for more questioning the next day. He did not sign a waiver of rights form and did not make any admissions, Beury said. Beury and JPD Detective Sgt. Isaac Parker put Cave in a car to take him back to the jail. While in the car, Cave reportedly asked what happened to his father, and Parker explained how Earl Cave was killed. That's when Cave reportedly said, "I stomped him." The conversation was recorded. Police took Cave back to the station, where Cave said "I did it," Beury testified. Cave appeared coherent and oriented during the interview, the officer added. But defense attorney Mosley said that by continuing to converse with Cave in the car, detectives were intentionally trying to coerce a confession. Mosley pointed out that Cave said prior to the confession that he didn't want to talk to detectives. Beury said he and Parker only talked to Cave and answered his questions about his father, and denied that it was was a tactic to provoke a confession. Clark County Prosecutor Jeremy Mull said officers were "in a very challenging situation," but that they didn't do anything wrong in talking to Cave, and that Cave's confession was made voluntarily. Mosley further argued that it was clear Cave had mental health issues. He also said Cave was wrongfully detained in the first place. Beury testified that there was blood found on Earl Cave's head and neck, and blood on the apartment wall and floor, but there wasn't any blood found on Cave. Beury noted that he did not know how much time lapsed between the homicide and when Cave was picked up in New Albany. Mosley said there wasn't enough probable cause to arrest Cave.
Judge Adams will take the testimony — and five or six hours of interview footage — under advisement. A hearing to determine whether Cave is competent to stand trial is scheduled for Dec. 12. The hearing was originally scheduled for Tuesday, but the doctors who performed the mental health evaluations were not in court to testify...A jury trial is scheduled for Feb. 28."
The entire story can be found at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/