Post by Anja Nieser on Sept 10, 2006 22:35:44 GMT -5
Utah's high court mulls confession, fair trial issues in triple murder
Just because accused killer Edgar Tiedemann didn't want to talk to police
about certain aspects of a 1991 double homicide - which later became a
triple homicide - does that mean his whole confession should be thrown out
of court?
That was the issue Thursday before the Utah Supreme Court.
Following the slayings, Tiedemann waived his Miranda rights and agreed to
talk to West Valley City detectives. But 2 minutes into the interview, he
appeared to balk.
Defense attorney Patrick Corum argued that when Tiedemann told detectives,
"I don't want to talk about it," the suspect voiced a clear and
unequivocal effort to end the interview.
But Assistant Utah Attorney General Laura Dupaix argued that Tiedemann
meant "it" to be the details of only 1 of the 2 slayings.
Dupaix said police kept questioning Tiedemann, trying to explore what he
meant by "it," and the suspect readily answered questions about other
aspects of the crime for another 45 minutes.
The officers even gave Tiedemann a second out when they told him, "You
don't have to answer any questions at all. You can stop at any time,"
according to Dupaix.
Also at issue is whether Tiedemann's right to a fair trial has been
violated by the destruction of evidence that might have been helpful to
Tiedemann's defense.
Police destroyed most of the physical evidence in the case, including
guns, a rape kit, blood and tissue samples from the victims, the victim's
clothing and drugs and drug paraphernalia.
Prosecutors insist that nothing helpful to Tiedemann was destroyed.
The high court took the case under advisement.
After the hearing, Dupaix said that even if Tiedemann's confession is
deemed illegal, there is ample evidence to try and convict him, including
photos and videotape of the crime scene, the medical examiner's reports
and the testimony of the only eyewitness to the slayings.
The night of Nov. 1, 1991, Tiedemann, now 59, allegedly inhaled toluene, a
solvent, and shot three of the 4 house guests staying at his West Valley
City trailer home.
Killed that night were Charles Timberland, 43, and Susan Sessions, 31.
Sessions' 14-year-old son, Scott Bunnell Jr., was paralyzed from a bullet
wound in his spine and died in 2001, allegedly from complications from the
shooting.
The sole survivor, Sessions' sister, testified at a 2003 preliminary
hearing that after Tiedemann shot everyone, he raped her as she lay in bed
beside the body of Timberland, who was her boyfriend.
Tiedemann told police he went on the rampage because he was rebuffed
sexually by Sessions, with whom he claimed to be in love.
The survivor - who was 7 months pregnant - escaped by telling Tiedemann
she could get him some cocaine.
Tiedemann was initially charged with 2 counts of capital murder, attempted
murder, aggravated sexual assault and aggravated kidnapping.
But in 1992, Tiedemann was deemed incompetent and sent to the Utah State
Hospital for treatment. Prosecutors dropped the charges.
10 years later, in 2002, Tiedemann was found competent. As hospital
officials were preparing to release him, prosecutors filed 3 counts of
1st-degree felony murder.
Because of the age of the case, the destroyed evidence and Tiedemann's
history of mental problems, prosecutors had abandoned hope of obtaining a
death penalty conviction.
On Thursday, Tiedemann remained in the Salt Lake County jail in lieu of $1
million bail.
(source: Salt Lake Tribune)
Just because accused killer Edgar Tiedemann didn't want to talk to police
about certain aspects of a 1991 double homicide - which later became a
triple homicide - does that mean his whole confession should be thrown out
of court?
That was the issue Thursday before the Utah Supreme Court.
Following the slayings, Tiedemann waived his Miranda rights and agreed to
talk to West Valley City detectives. But 2 minutes into the interview, he
appeared to balk.
Defense attorney Patrick Corum argued that when Tiedemann told detectives,
"I don't want to talk about it," the suspect voiced a clear and
unequivocal effort to end the interview.
But Assistant Utah Attorney General Laura Dupaix argued that Tiedemann
meant "it" to be the details of only 1 of the 2 slayings.
Dupaix said police kept questioning Tiedemann, trying to explore what he
meant by "it," and the suspect readily answered questions about other
aspects of the crime for another 45 minutes.
The officers even gave Tiedemann a second out when they told him, "You
don't have to answer any questions at all. You can stop at any time,"
according to Dupaix.
Also at issue is whether Tiedemann's right to a fair trial has been
violated by the destruction of evidence that might have been helpful to
Tiedemann's defense.
Police destroyed most of the physical evidence in the case, including
guns, a rape kit, blood and tissue samples from the victims, the victim's
clothing and drugs and drug paraphernalia.
Prosecutors insist that nothing helpful to Tiedemann was destroyed.
The high court took the case under advisement.
After the hearing, Dupaix said that even if Tiedemann's confession is
deemed illegal, there is ample evidence to try and convict him, including
photos and videotape of the crime scene, the medical examiner's reports
and the testimony of the only eyewitness to the slayings.
The night of Nov. 1, 1991, Tiedemann, now 59, allegedly inhaled toluene, a
solvent, and shot three of the 4 house guests staying at his West Valley
City trailer home.
Killed that night were Charles Timberland, 43, and Susan Sessions, 31.
Sessions' 14-year-old son, Scott Bunnell Jr., was paralyzed from a bullet
wound in his spine and died in 2001, allegedly from complications from the
shooting.
The sole survivor, Sessions' sister, testified at a 2003 preliminary
hearing that after Tiedemann shot everyone, he raped her as she lay in bed
beside the body of Timberland, who was her boyfriend.
Tiedemann told police he went on the rampage because he was rebuffed
sexually by Sessions, with whom he claimed to be in love.
The survivor - who was 7 months pregnant - escaped by telling Tiedemann
she could get him some cocaine.
Tiedemann was initially charged with 2 counts of capital murder, attempted
murder, aggravated sexual assault and aggravated kidnapping.
But in 1992, Tiedemann was deemed incompetent and sent to the Utah State
Hospital for treatment. Prosecutors dropped the charges.
10 years later, in 2002, Tiedemann was found competent. As hospital
officials were preparing to release him, prosecutors filed 3 counts of
1st-degree felony murder.
Because of the age of the case, the destroyed evidence and Tiedemann's
history of mental problems, prosecutors had abandoned hope of obtaining a
death penalty conviction.
On Thursday, Tiedemann remained in the Salt Lake County jail in lieu of $1
million bail.
(source: Salt Lake Tribune)