TX - Moriah Wilson, 25, Cyclist Fatally Shot Before Race, Austin, 2022 *arrest* #5

New Posts

Status
Not open for further replies.
Mrspratcher said:
Interesting. In the motion she does not explicitly ask for an attorney (at least in the part of the transcript cited by the defense). She’s asking whether she needs one. I believe there is case law the state can use to respond on that issue.

Also, if she was not Mirandized, any statements or evidence derived from those statements
may be ruled inadmissible (fruit of the poisonous tree).

Can’t wait to read the State’s response and watch the full interrogation video!
Click to expand...
In one of the screenshot transcripts in the Twitter thread (of reporter Natalie Haddad), among the things KA says are “I should have an attorney.” and “I feel like I should have an attorney present.”

Also there is a screenshot transcript quote of the detective repeatedly telling her she is under arrest and in custody (on the Botox warrant). The defense argument points out that was a valid warrant as it did have her true DOB on it. So the defense argues, she was truly under arrest and in custody. The APD made the mistake with having her DOB typed wrong somewhere in their record keeping system but that’s neither here nor there as to the validity/legality of the Botox warrant.

IMO the APD screwed up and the defense might really have something here (caveat, am a lawyer, but not verified here do take me with grains of salt, and not practicing anything crim law related or claiming 5th amendment expertise!). But worst case scenario, if this whole interview is suppressed she really did not incriminate herself to a great degree and most of the incriminating evidence seems independent of the fruit of this interview?
 
Last edited:
Mariposa said:
In one of the screenshot transcripts in the Twitter thread (of reporter Natalie Haddad), among the things KA says are “I should have an attorney.” and “I feel like I should have an attorney present.”

Also there is a screenshot if the detective repeatedly telling her she is under arrest (on the Botox warrant). The defense argument points out that was a valid warrant as it did have her true DOB on it. So the defense argues, she was truly under arrest and in custody. The APD made the mistake with having her DOB typed wrong somewhere in their record keeping system.

IMO the APD screwed up here and the defense might really have something here (caveat, am a lawyer, but not verified here do take me with grains of salt, and not practicing anything crim law related or claiming 5th amendment expertise!). But worst case scenario, if this whole interview is suppressed she really did not incriminate herself to a great degree and most of the incriminating evidence seems independent of the fruit of this interview?
Click to expand...
Right? Big noise by the defense. She was free to go. She left. Before LE got their act together by issuing an AA, she had fled.

The fight over the AA will be instructive. Motive, means, opportunity & probable cause.

The way it's looking now, KA will not be spending a long time in prison stripes for lack of a good defense. It will be because the evidence adds up to a guilty verdict.

Justice for MW is most important. Wherever & to whomever that leads.

MOO
 
WingsOverTX said:
Right? Big noise by the defense. She was free to go. She left. Before LE got their act together by issuing an AA, she had fled.

The fight over the AA will be instructive. Motive, means, opportunity & probable cause.

The way it's looking now, KA will not be spending a long time in prison stripes for lack of a good defense. It will be because the evidence adds up to a guilty verdict.

Justice for MW is most important. Wherever & to whomever that leads.

MOO
Click to expand...
Yes I would say all signs point to her getting a vigorous defense! They seem to be conceding nothing.
 
WingsOverTX said:
This is the most serious obstacle IMO. Police academy course 101. Murderers have gone free on the basis of failure to do this one thing. I have grave concerns.

Any lawyers on the thread who can give insight?

TIA & JMO
Click to expand...
That was on a different case, though: the botox case. That's what she was arrested for. She wasn't arrested for the murder, so why would they need Miranda?
 
RickshawFan said:
That was on a different case, though: the botox case. That's what she was arrested for. She wasn't arrested for the murder, so why would they need Miranda?
Click to expand...

The reason she would need to be Mirandized is because she underwent custodial interrogation. The dispute seems to be if/when being in custody ended, but she was definitely in custody and definitely asked questions. Certain LEs even make those being questioned sign written statements that they're waiving their rights just so there's no risk of statements subsequently being thrown out:
 
RickshawFan said:
That was on a different case, though: the botox case. That's what she was arrested for. She wasn't arrested for the murder, so why would they need Miranda?
Click to expand...
Because they pursued a line of questioning with where her car was spotted around the time of the murder, etc. They went fishing in a pond where you can't assume the fish know their rights. That's why you Mirandize them.

Maybe APD did nothing wrong. Let's get a ruling on that.

Respectfully, JMO
 
Yikes. This would all be on the video recording so I assume it's accurate. Even if the judge tosses out everything from that initial interview, I don't think it would be a devastating loss as KA didn't give them much to work with. The support for the search warrant on the other hand...

During the interrogation, Armstrong allegedly asked for an attorney three times during the interrogation, but the detective continued questioning her. She also asked to leave at least five times, but the detective allegedly "blatently disregarded her request," according to court documents.

abcnews.go.com

Kaitlin Armstrong's attorney asks court to suppress evidence in murder case

Kaitlin Armstrong's lawyer asked the court to suppress evidence obtained by police in the killing of professional cyclist Anna Moriah Wilson.
abcnews.go.com abcnews.go.com
 
Mariposa said:
In one of the screenshot transcripts in the Twitter thread (of reporter Natalie Haddad), among the things KA says are “I should have an attorney.” and “I feel like I should have an attorney present.”

Also there is a screenshot transcript quote of the detective repeatedly telling her she is under arrest and in custody (on the Botox warrant). The defense argument points out that was a valid warrant as it did have her true DOB on it. So the defense argues, she was truly under arrest and in custody. The APD made the mistake with having her DOB typed wrong somewhere in their record keeping system but that’s neither here nor there as to the validity/legality of the Botox warrant.

IMO the APD screwed up and the defense might really have something here (caveat, am a lawyer, but not verified here do take me with grains of salt, and not practicing anything crim law related or claiming 5th amendment expertise!). But worst case scenario, if this whole interview is suppressed she really did not incriminate herself to a great degree and most of the incriminating evidence seems independent of the fruit of this interview?
Click to expand...
IMO the issue is whether there was in fact a custodial interrogation - which would require Miranda warnings. It’s almost like Cofer is attempting to push the issue so that everything KA said during the interview is ruled inadmissible. The court will need to delve into whether there was a custodial interrogation - she reportedly wasn’t handcuffed and was told the door was open. The other issue that needs to be addressed is whether APD reasonably believed the warrant was deficient.
 
Mrspratcher said:
<snipped for focus> The court will need to delve into whether there was a custodial interrogation - she reportedly wasn’t handcuffed and was told the door was open.
Click to expand...

I don't recall at what point in the interrogation that APD told KA that the door was open. Was this at the start of the interrogation? Or was it after APD realized that the warrant was ineffective due to error of birthdate? I think that would be an important consideration/factor in the issue of reading KA her miranda rights.
 
Mrspratcher said:
And that’s how it should be! Throw everything at the wall and see what sticks! This is how you avoid ineffective assistance of counsel claims on appeal and post-conviction relief!
Click to expand...
Oh I don't see this as "throw everything at the wall and see what sticks" tactics. These defense actions are pretty targeted and well presented.
 
Sundog said:
I don't recall at what point in the interrogation that APD told KA that the door was open. Was this at the start of the interrogation? Or was it after APD realized that the warrant was ineffective due to error of birthdate? I think that would be an important consideration/factor in the issue of reading KA her miranda rights.
Click to expand...
Yes, agreed. We need to see the full interrogation video and/or transcript.
 
Status
Not open for further replies.

DNASolves

Who is Escambia County John Doe (1989)?

Members online

... and 220 more.
Total: 3,611 (members: 221, guests: 3,390)

Online statistics

Members online
222
Guests online
3,390
Total visitors
3,612
Totals may include hidden visitors.

Forum statistics

Threads
591,740
Messages
17,958,241
Members
228,599
Latest member
WhiteRaven
Back
Top