“He’s saying you hit him during the interview.”
She looked up and stared intently at me, as if wondering if I really had and maybe my response would give it away.
The Motion To Suppress Statement is standard trial lawyer stuff. It’s a motion designed to show that the confession was obtained improperly, and should thereby be excluded from trial. Usually it’s alleging we failed to read him his rights, or we didn’t have probable cause to have him in custody, or that what we say he said was different from what he says he said. If that makes sense.
I’ve been through dozens of motions and won almost all of them because, quite frankly, we do things right. So I was a little astonished at this curve ball, and just a little hurt that the prosecuting attorney was still staring at me with the those big brown eyes as if asking, ”Well? Didja?”
I leaned back in the orange fabric chair, stained with spilled coffee and stray ink marks, and looked around the tiny room tucked behind courtroom 101. The calendar with kittens on it offered no advice.
No one likes being accused of something they didn’t do. But I especially don’t like being accused of something I didn’t do when that something is a felony.
“When are they saying I hit him?” I asked.
She said she would find out, and came back some time later, dropping beige file folders onto a table that hadn’t seen Clorox since some time in 1994 and sighed, “He says you hit him while he was making a phone call to his mom… between interviews.”
A wave of relief washed over me.
I sat and waited until the defense attorney came into the room, as they all eventually do. He walked over to the coffee maker, then realized like I had that its resemblance to used motor oil indicated it may have been sitting a while. He made small talk with the prosecuting attorney while I picked up the office phone that sat just under the sign that read “Assistant State’s Attorney Use Only”.
This is the conversation they heard-
“Hey, it’s Chris. Is Jane around? Ok.”
“Hey Jane. It’s Chris. I was wondering if you could pull a tape from a phone call for me? Yes, it would be, let me see here… June 18th of last year, sometime around 3 or 4 in the afternoon, from the phone outside interview room one… Actually, just pull all the phone calls from that phone in that general time frame… Ok… great. Thanks.”
I hung up and looked at my lovely prosecuting attorney. “Do you want to take a date or should I have one of our guys bring the tapes up here now?” I flashed her an innocent grin.
She turned to defense, who muttered something, then stammered, and then he finally offered, “I need to talk to my client”.
Ten minutes later he sulked back in and pretended to be genuinely surprised that his client had a change of heart. They had decided to dismiss the motion, and would take a date to discuss a plea deal.
And people wonder why cops dislike attorneys so much.


