Thanks to my partner-in-crime, David in TN, who sent this story, observing,
You've got to love these mischievous judges.
Judge Tosses Confession in Teacher Killing Case
Philip Chism is charged with murder as an adult in the October 2013 slaying of Danvers High School teacher Colleen Ritzer
By Marc Fortier
(Published Tuesday, Mar 3, 2015)
Updated at 10:09 PM EST on Tuesday, Mar 3, 2015
NECN
A judge on Tuesday granted a defense motion suppressing some of the evidence in the case of a Massachusetts teenager charged with raping and killing his high school math teacher in 2013.
Among that evidence is an alleged confession Philip Chism gave to Danvers Police after the killing, as well as certain cell phone evidence police had gathered as a result of that interview.
Danvers Teen May Use Insanity Defense
Additional motions seeking to suppress statements made to Topsfield Police as well as evidence seized at Danvers High School and from Chism's pockets and backpack were denied by the judge.
Chism, now 16, is charged with murder as an adult in the October 2013 slaying of Danvers High School teacher Colleen Ritzer. Chism was 14 at the time.
Chism Lawyers Appeal Release of Police Interrogation
Superior Court Judge David Lowy said in his ruling that the videotape of the Danvers interview makes it "readily apparent" that Chism's mother wanted an attorney present with her son during questioning.
"Despite this desire, the officers persisted in initiating a conversation and reminded her of a previous desire to find out what happened that night," Lowy said in his ruling.
The judge said he isn't convinced beyond a resonable doubt that Chism was paying attention to the Miranda warnings to the extent that he could have waived his Miranda rights. While Chism's statements were made voluntarily, Lowy said they must be suppressed because she cannot find beyond a reasonable doubt that Chism "knowingly, intelligently and voluntarily waived his Miranda rights."
Lowy also ruled that Chism's cell phone and the victim's cell phone, which were found by police outside Hollywood Hits, should not be allowed at trial because they were discovered as a result of the police interview with Chism conducted at the Danvers police station.
"The police were only made aware of the location of the cell phones from their interview of the defendant," the judge wrote. "Since the defendant's statements during the interview at the Danvers interview must be suppressed and the Commonwealth has not argued an alternative theory of admissibility, the cell phones must be suppressed."
The family of Ritzer released a statement Tuesday afternoon saying in part, "We respect the court ruling and we are confident that law enforcement acted responsibly and lawfully. We are also confident in the ability of the District Attorney's Office to successfully prosecute the individual charged with this horrific crime so that justice is served for Colleen and our family."
Necn legal analyst Randy Chapman says tossing some evidence won't make or break the case.
“There’s still substantial evidence about his culpability. They have videotape, they have him in possession of the murder weapon,” Chapman explained. “It’s not going to result in the case being crippled."
Published at 4:27 P.M. EST on Mar 3, 2015
2 comments:
This judge is insane. The poor family that has to suffer long after the death of their innocent daughter. I know teachers who are very apprehensive about being alone with students, especially after this case. There are still teachers out there who are very fond of rescuing and championing for their disenfranchised pupils. This case above all should serve as a neon glaring warning sign.
There have been hearings over the last several months. The defense refuses to turn over the psychiatric tests they've made. As of now, jury selection is supposed to start October 7.
Post a Comment