by Bill Knowles
WALSENBURG — A motion hearing for Lee Dougherty was cut short as winter weather moved into the Southern Colorado area. Both defense and prosecutors along with witnesses needed to get back to Trinidad and Pueblo.
Two motions were considered, D-82 and D-87. Both were filed by defense attorney Patrick McCarville and dealt with statements made by Lee Dougherty during police questioning on Aug. 10 and Aug. 11.
In the motions, McCarville requested that any questions or statements be suppressed if they were made after Dougherty had requested a lawyer be present .
Third District Judge Claude Appel ruled that the request to suppress statements made by Lee Grace Dougherty, which covered questioning by FBI special agents and a CBI investigator on Aug. 10, be dismissed on the grounds that the request for an attorney by Dougherty was not made in the “totality of the circumstances.”
Because she made a statement that she “might need a lawyer,” even though she was willing to answer questions after that statement, and after she had been Mirandized and then waived her rights, and she appeared to be clear and coherent, the request by McCarville was denied by the judge.
The second motion, D-87, surrounded a statement Dougherty made to Florida investigators and a Pueblo County Sheriff’s detective during questioning in Pueblo County on Aug. 11.
The court listened to a DVD of the recorded interview between authorities and Dougherty. The interview was 22 minutes long and at 18 minutes, as police tried to draw her into talking about her brothers, she clearly requested a lawyer be present. One Pasco County, Fla. agent stated the interview was over at that point. However Dougherty continued to talk with authorities.
Judge Appel delayed a decision until he had a chance to view the DVD again. The court will hear all 87 motions on Monday, Jan. 9, starting at 9 am. The entire day is scheduled to consider the motions.
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