Darius Miles' attorneys file motion to suppress 'illegally obtained' statements from Jan. 15
On Sunday, attorneys for Darius Miles filed a motion to suppress statements law enforcement obtained from him Jan. 15 after Jamea Harris was shot and killed near The Strip in Tuscaloosa, per court documents.
Turner Law Group wrote in the motion that Tuscaloosa Violent Crimes interrogated Miles for over four hours before reading him his Miranda rights.
Miles is a former Alabama basketball player who was arrested and charged with capital murder alongside his friend, Michael Davis. Investigators said the gun used to kill Harris belonged to Miles, but that Davis pulled the trigger, per court documents. A grand jury indicted Miles and Davis on capital murder charges in March. Both have been jailed without bond since Jan. 15. An immunity hearing for Miles is set to continue in late September.
The Tuscaloosa News has reached out to the district attorney's office for comment but hasn't received a response as of Sunday evening. TPD deferred comment to the district attorney's office.
The motion states Tuscaloosa VCU illegally obtained unwarned statements that morning at University Downs apartments. Miles was then transported to the police station where he was put in an interrogation room and fielded "a line of questioning that was accusatorial in nature," per the motion.
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The defense cites Miranda v. Arizona as for why any statements made before Miles is read his Miranda Rights are inadmissible.
What the motion said about interrogation of Darius Miles
Four hours into the interrogation, an officer told Miles the following, per the motion:
"I got to read you something called your rights, okay? You're not under arrest, it's just a procedural thing we do because somebody was murdered. Alright, I'm just gonna be straight up with you, alright, somebody was murdered last night. I mean, I think you know that already, alright, but that person passed away, and so, procedurally, I'm gonna read you your rights, okay?"
A defendant is able to waive hearing those rights read to them, "provided the waiver is made voluntarily, knowingly and intelligently," per Miranda v. Arizona, but the defense wrote in the motion that the officer telling Miles reading him his rights is "just a procedural thing we do" because someone died "makes any waiver by Darius unvoluntary, unknowing, and not intelligently made."
Then, the officer read Miles his rights.
"So, you have the right to remain silent," the officer said, per the motion. "Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have them present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish, and you can decide at any time to exercise these rights, ask any questions, or make any statements."
The motion states the officer then had Miles repeat the same "previously unwarned, illegally obtained statements" and the same statements were used to confront Miles. The defense states because of how the statements were obtained, the Miranda warnings were defective.
The defense writes the officer was "required to cure" the illegally obtained statements by telling Miles anything Miles said can and would be used against him, except for the previously unwarned statements he gave, citing Missouri v. Seibert.
Because the officer didn't make those efforts, "any statements obtained after he read Darius his Miranda rights are not knowingly and voluntarily obtained," the motion reads. The defense argues the officer violated Miles' Fifth Amendment right against self-incrimination.
"Therefore," the motion concludes, "all statements given by Darius Miles to law enforcement were illegally obtained and are inadmissible."
This article originally appeared on The Tuscaloosa News: Motion to suppress 'illegally obtained' statements filed in Darius Miles case
