Judge allows teens' statements in kidnapping-plot case

WEST JORDAN — Prosecutors will be allowed to use statements made to police by the two teens accused of planning to kidnap and torture several people in a way similar to events in the horror movie "Saw."

In a motion hearing Friday, 3rd District Juvenile Judge Christine Decker denied motions made by both defendants to suppress the statements they made while police interviewed them in the early morning hours of March 8.

Defense attorneys filed the motions claiming that neither of the boys were given their Miranda rights properly, and that they only consented to speak with police because they were tricked and persuaded into doing so.

"It's almost a textbook for how not to Mirandize a juvenile," said Bill Russell, an attorney for the 15-year-old West High school student.

Thomas Burton, attorney for the other boy, a 14-year-old Midvale Middle School student, said his client didn't think he had done anything wrong.

"He didn't think he was in any trouble, certainly not for a phone call," Burton said.

Decker said that it is clear under Utah law that anyone over the age of 14 can waive the right to counsel, and she denied the motions. But she did agree with the defense attorneys and informed prosecutors that the statements of the 14-year-old cannot be used against the older boy, and vice-versa. In short, only their own statements to police may be used against them in the trial.

Both boys are charged with three counts of conspiracy to commit aggravated kidnapping, a second-degree felony.

Prior to the motion hearing, the 15-year-old boy's mother, who overheard the boys talking about the alleged plot, testified that she had listened to the boys' conversation that night for about an hour and that she was "surprised by what they were saying."

"One of them was talking about sewing someone's mouth closed," the boy's mother said. She said the boys mentioned people and a few places where the people could be taken as part of the plan. She also told the court that the conversation gave her the impression that the boys were going act the next day.

While being questioned by defense attorneys, the woman admitted that she did not hear the beginning of the conversation and did not know if the boys had established that they were only talking hypothetically. But what they were saying was reason enough to lead her to be worried, she said.

"It didn't sound like this was something they came up with over a 60-minute period," the mother said.

Prosecutors played the taped police interviews with both boys for the judge prior to her ruling on the motions.

In the interviews, both boys explained details about their conversation.

The 15-year-old said several times that they were not "serious" about going through with the plan. He said they were just talking "highly."

At one point during the interview, the 15-year-old also said that his younger friend "just does whatever I tell him to do."

Burton filed a motion to suppress the mother's testimony in the case against his client, on the grounds that it violates the 14-year-old's privacy. Decker said she would take it under advisement.

The trial is set to begin May 21.

E-mail: ethomas@desnews.com