GA v Ryan Duke Hearing Day 1 Arguments Outside The Presence Of The Jury

TL;DR

The defense objects to certain language in the proposed order and raises concerns about the accuracy of statements made by Agent Sheldon during the investigation. They also discuss the admissibility of expert testimony on false confessions.

Transcript

all right uh miss merchant i'll hear from you on the proposed order just there's a couple things that are in this order that were also in the states um previous submitted order that we would object to the states um basically they've included some language that we did not agree to and we do not agree to um they're saying that the waiver was the resu... Read More

Key Insights

• 🪈 The defense objects to specific language in the proposed order, highlighting their disagreement over the defendant's waiver.
• 🤨 Concerns are raised about the accuracy of statements made by Agent Sheldon regarding the recording of the entire verbal statement.
• 🎮 The defense reveals the existence of other interviews conducted with the defendant, which were not audio or video recorded.
• 💼 The state argues against the admissibility of expert testimony on false confessions, citing previous court cases that have ruled such testimony as inadmissible.
• 🙃 Both sides anticipate the state presenting the defendant's statement as a truthful confession, while the defense aims to introduce evidence to rebut that assertion.
• 👨‍🔬 The evolving nature of false confession research and the existence of conflicting court decisions regarding the admissibility of expert testimony on false confessions are discussed.
• 🫵 The defense argues that the inclusion of expert testimony is necessary to counter the state's expert views and provide a comprehensive understanding of the factors that may influence false confessions.
• 🤨 The defense raises concerns about the mental and physical health of the defendant during the interrogation, suggesting these factors may have led to a false confession.

Questions & Answers

Q: What objection does the defense have regarding the proposed order?

The defense objects to the language suggesting that the defendant's waiver was the result of rational intellect and free will, which they did not agree to.

Q: What concern does the defense have regarding Agent Sheldon's statements?

The defense argues that Agent Sheldon's claim that the entirety of the verbal statement was recorded is inaccurate, as there were other interviews conducted without audio or video recording.

Q: What is the defense's objection to the inclusion of a subsequent statement?

The defense disagrees with the statement in the proposed order that suggests the defendant's entire verbal and written statement was given only on that specific day, as there were other interviews conducted on different dates.

Q: What argument does the state make regarding expert testimony on false confessions?

The state argues that expert testimony on false confessions should be excluded as it does not meet the standards set forth in previous court cases and is not based on verifiable scientific certainty.

Summary & Key Takeaways

• The defense objects to language in the proposed order that suggests waiver was the result of rational intellect and free will, which they did not agree to.

• They argue that statements made by Agent Sheldon regarding the entirety of the verbal statement being recorded are inaccurate, as there were other interviews that were not audio or video recorded.

• The defense raises concerns about the inclusion of a subsequent statement made by the defendant after returning from the orchard on the same day.

• The state argues against the admissibility of expert testimony on false confessions, citing previous court cases that have ruled such testimony as inadmissible.