From Deseret News archives:
Defense in kidnapping case asks that statements be thrown out
Defense attorneys argued that David "DJ" Bell did not waive his Miranda rights when he talked to police, even though officers continued pressing him for information.
Prosecutors, however, say Bell did waive his Miranda rights and the only questioning that happened up until that point were questions directed at his understanding of Miranda.
During Tuesday's hearing on the motion to dismiss his statements, a CD of Bell's interview with police was played for the court and South Salt Lake police detective Darren Carr, who was the arresting officer, took the witness stand.
Bell is accused of kidnapping two young children from his neighbor's South Salt Lake home the night the family was hosting a July Fourth celebration. Bell says he did not kidnap the children but was helping them after he found them wandering outside.
The children's parents found the two shortly after they disappeared. The children were unharmed. But the family and some friends who were at the party reacted with rage, delivering a severe beating to both Bell and his partner, Dan Fair. Fair was not charged with any crime.
Police arrested the parents of the children because of the severity of the attacks, particularly on Fair. On Aug. 6, the Salt Lake District Attorney's Office declined to file charges and referred the case to the South Salt Lake City Attorney's Office to be screened for possible misdemeanor charges. As of Tuesday, the office had not made a decision.
Police and prosecutors argued Tuesday in court that Bell was vague when they asked him if he was going to waive his Miranda rights. They asked him several questions, not about the kidnapping incident, but whether he understood his rights and what they meant, said Salt Lake Deputy District Attorney Alicia Cook.
The defense, however, argued that the officers' questions were coercive. Because that issue had not been previously raised, prosecutors asked for time to respond. Judge Paul Maughan agreed to give prosecutors until Nov. 5 to file a response.
Maughan said he would either issue a written decision on the suppression motion before Dec. 1, or simply deliver it from the bench during the case's next scheduled hearing on Dec. 1.
E-MAIL: preavy@desnews.com
