Posted on 06/27/2002 2:34:33 PM PDT by chance33_98
CONFESSION THROWN OUT The state's highest court upholds a Mesa County judge's decision to throw out an alleged double murderer's confession.
When 23-year-old Verle Mangum was pulled over last year, he ran from Mesa County deputies and began slashing his own throat with a knife. Deputies say once they captured Mangum, they did place him in handcuffs but only to protect him from himself. Mangum admitted he murdered Janet Davis and her 11-year-old daughter Jennifer in their Clifton home in 1996. Mangum said he beat the Davises to death with a baseball bat after Janet walked in on him having sex with Jennifer, but before his confession, Mangum was never read his rights by Mesa County deputies.
Pete Hautzinger, Chief Deputy District Attorney says, "my position was, they didn't think they had to because they didn't think they had probable cause to arrest him until he admitted to committing the murders. They agreed with Judge Massaro, upheld his ruling, which i have to say, is no great surprise. There's a long tradition of the Supreme Court or Appellate Courts giving deference to trial courts rulings."
But the Colorado Supreme Court says once Mangum was in handcuffs, he should have been given his Miranda Rights. But the court did rule Mangum's confession was voluntary.
District Court Judge Nick Massaro will also rule in a motions hearing whether evidence provided by Mangum's ex-wife will be admissible in trial.
Mangum will soon return to District Court in Mesa County
She was 11 years old...this should have read "sexually abusing Jennifer"...
This is one of the big problems with Miranda: Too much emphasis on process, not enough on getting to the truth.
Not if you're a liberal. Liberals crave legalized pedophilia.
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