The defense filed their brief this week, asking a judge to examine whether an “alleged confession” should be allowed. The defense says Collins was interrogated twice by police and that there are factors that question the voluntary nature of Collins’ statements.
“Detective (Zachary) Williams admitted that he made no specific inquiry or attempts to ascertain defendant’s ability to read and understand English, at what grade level defendant read; whether or not defendant had any cognitive or learning disabilities; whether defendant had any emotional or mental disabilities; or whether or not he was reliant on his mother or another family member to assist in his comprehension of what he was doing,” the brief says.
The defense pointed to the second interview and questioned whether the statements made should be allowed in court.
“Disturbingly, during the February 26th interrogation, Detective Williams discussed the shooting death of defendant’s brother, which occurred several years ago. He asked defendant numerous questions about defendant’s deceased brother, such as his favorite sports teams, TV shows, and what music he enjoyed listening to. He also asked defendant if his mother was still having difficulty coming to terms with his brother’s death. He also asked defendant to recount what happened the day of his brother’s murder,” the brief says.
The defense said the detective “admitted that, though the murder of Defendant’s brother was irrelevant to the case at hand, the personal and visceral questioning was designed to make Defendant emotional, and that this is one of the interrogation techniques he was trained to use to obtain a confession.”
Prosecutors filed their brief that asked a judge to allow the statements.
“Defense will argue that bringing up the defendant’s brother’s death was preying on his emotions and that any statements he made were induced by that tactic,” the court filing says. “The defendant is an adult male (18 years old). There is absolutely no evidence that the defendant’s will was overborne,” the document says.
“The length of the interview was reasonable (54 minutes with a break). The interview was not as intense as the defense would suggest. There is no evidence of any physical deprivation or mistreatment at all. There is no evidence of duress or coercion. There were no threats or promises made to the defendant.”
A ruling on the motion to suppress is expected at a later date.
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