Murder Confession Result of Coercion

U.S. v. Lopez, --- F.3d ----, 2006 WL 392083 (10th Cir. 2006)

10th upholds district court’s suppression of D’s confessions to murder as a products of police coercion. Shortly after noon, D was arrested taken to Ute police station, interviewed by BIA and FBI agents, Miranda-ized, after an hour interview, denied the shooting. Asked to see his mom (he was 33), he was told he could see her but never did. Cops came bact to interview at 9 pm; D had not eaten because he had been in a fight a few days earlier and could not eat; he was in pain. Again, D was Miranda-ized, denied the killing, suggested his friends did it. Then cops engaged in molto misrepresentation (# of witnesses who fingered him; positive gunshot residue fingerprints and footprints; promises of leniency, suggesting the killing had been a mistake). Sobbing, D confessed. Before noon the next day, cops got another confession from D. 10th applies SR in favor of upholding the trial court determination of coercion, as it should; and upholding its determination that 2d confession was the product of the initial coercion.