4.Ruling on Admissibility of Defendant Statements
18 linesROBERT MADSEN: And then just want to put on the argument is, obviously, Your Honor is certainly the gatekeeper in reference to statements. But in the end, the jury still has to find the voluntariness of statements. And that goes to the argument that we have made numerous times that we believe the jury hearing that helps them as the fact finder in determining the voluntariness of statements later.
THE COURT: I'm aware of all the conversations that have been presented in court. The one on the night of the arrest, the conversation at the police station, walking in the door, the conversation or refusing to provide hair samples, the interview that afternoon with his father and then Mr. Creech's subsequent interview with the FBI detective.
ROBERT MADSEN: We also have the video, Your Honor.
THE COURT: Right. I saw the video, also.
ROBERT MADSEN: Yes, sir.
THE COURT: I ruled all that consistently and so my ruling remains the same. The two interviews which have been presented on are allowed as freely and voluntarily made under Denno. When he invoked the Fifth on the night -- it's not been referred to and I don't think the door's been opened back up. I am going to consistent rule the same way.
ROBERT MADSEN: Yes, sir.
THE COURT: All right. We're down until 1:30.
ROBERT MADSEN: Judge, the only other thing, I would request to be able to lead the Sergeant under Rule 611.
THE COURT: Sure. And the State, since they didn't call the witness they will be allowed the same benefit.
ROBERT MADSEN: Yes, sir.
RICK HUBBARD: Thank you, Your Honor.
(WHEREUPON, a lunch break was taken.)
THE COURT: Y'all ready for the jury?
ROBERT MADSEN: Yes, sir.
THE COURT: Go get them. (Whereupon, the jury came into open court at approximately 1:45 p.m.)
THE COURT: Is the Defense ready to call their witness?
ROBERT MADSEN: Yes, sir. Your Honor, the Defense calls Sergeant Adam Creech.