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Suppression order upheld [NOT FINAL]

Richard E. Jones won in State v. Solis-Munoz, No. 99,632 (Kan. App. Sept. 26, 2008), affirming Judge Jeuenberger's supprssion of involuntary statements to police in a Shawnee County second-degree murder prosecution. The COA quickly held that it had jurisdiction over the interlocutory appeal, but went on to find that substantial competent evidence supported the suppression order:

Neither the State nor Solis-Munoz dispute the essential facts pertaining to the issue of whether the statement was voluntary. The record establishes that Solis-Munoz was involved in a fight at 2:41 a.m. and was, at some point, taken to the police station. However, police did not personally interview him until nearly 5 hours after they had originally arrived on the scene. Solis-Munoz had indicated the men were drinking before the fight and there was no indication he was provided (or requested) food or water. Detectives interviewed him briefly and then left him in the interview room for approximately 3 hours. Detectives then interrogated him again for about 40 minutes, during which Solis-Munoz continued to deny stabiing Mora but admitted hitting him once with his fist. At approximately 10:54 a.m., nearly 8 hours after being in police custody, the detective made the statement to Solis-Munoz whciht the district judge concluded was a threat. Solis-Munoz, following leading questions from Officer Adame, then admitted he might have accidentally stabbed Mora while defending himself.

Looks like a case that could be affirmed either way the district court ruling goes. Given the state's burden of proof and the standard of review, the COA affirms.

Full post as published by Kansas Defenders on September 29, 2008 (boomark / email).