16-year old Nicholas Lindsey, accused of killing a police officer, hopes to have the confession he gave police thrown out Friday.
Police say Lindsey shot and killed St. Petersburg Police Officer David Crawford in February.
A judge will decide Friday whether his confession to that crime can be used against him.
How could his detailed admission be thrown out?
The U.S. Constitution gives everyone the right to have an attorney there when police question them.
If you ask for a lawyer but detectives refuse to give you one, whatever police get from you was likely gotten improperly or even illegally — and it could not be used against you in court.
So, did Nicholas Lindsey or his parents ask for an attorney the night he confessed to killing Officer David Crawford? It depends on whom you ask.
The confession is videotaped.
And in the hour of video that prosecutors have released to the defense, detectives are shown reading Lindsey those Miranda rights we’ve all heard on TV before.
But the question is what happened before the cameras started rolling.
Defense attorneys says Lindsey’s parents asked for an attorney. But instead they were led into an interrogation room set up to record audio and video.
In the video recorded in that room, it appears Lindsey first fessed up to his parents while crying and hugging them.
Then, police officers came in and — together with Lindsey’s parents — detectives asked him more specific, explicit questions about exactly what happened.
Defense attorneys have filed a motion to suppress the video and keep it from being shown to a jury.
But prosecutors point to a form they have that was signed by Lindsey and his parents. It’s the official waiver of his rights.
And police say while they read the part about having the right to an attorney, no one had any objection or asked any questions.
In fact, in the video, Lindsey’s parents urge him to be open and honest with police. It appears they’ve now changed their tone with their son facing life in prison.
The confession is the key evidence in the first degree murder trial. Beyond that, perhaps the strongest clues prosecutors have are Lindsey’s shoes, which were found at the crime scene.
The judge is expected to rule on whether the confession will be thrown out at 1:30 p.m. Friday at the Pinellas County Courthouse in Clearwater.