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Wednesday, August 31, 2011

Ind. Courts - More on "Defense seeks to suppress video in Martinsville 11-year-old’s murder trial"

Updating this ILB entry from August 25th, this brief story from August 26th reports:

MARTINSVILLE, Ind. (AP) — A judge says a videotaped statement by an 11-year-old boy accused of killing his 6-year-old brother is admissible in court.

Morgan County Superior Court Judge Christopher Burnham on Thursday denied a request by the boy's lawyer that the video be suppressed because the boy wasn't given proper time to consult with his parents before waiving his right to have an attorney present when he was questioned by police July 1. That was the day after Andrew Frye was fatally shot.

The Reporter-Times of Martinsville quoted the judge as ruling:
Morgan County Superior Court II Judge Christopher Burnham, who is also the county’s juvenile judge, determined that Butler was adequately advised of his rights. The judge also said Butler was given enough private time with his mother and grandmother who were at the interview.

Burnham said Butler “had the opportunity for meaningful consultation with his mother prior to any questions of an incriminating nature being asked of him.”

The judge determined that at the time her son was being questioned, Vandagrifft was not under arrest or in custody. She was not an eyewitness to the events leading up to Frye’s death. The judge determined that at the time, there was no adverse of conflict of interest in her waiving her son’s rights.

Posted by Marcia Oddi on August 31, 2011 11:13 AM
Posted to Ind. Trial Ct. Decisions