Preview:

12/14/2007 "See News Release 080 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA

2007-KK-2076

STATE OF LOUISIANA VERSUS KURT NEHER

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF WEST FELICIANA
Johnson, Justice, would grant this writ application and assigns reasons: I would grant the motion to suppress the defendant's incriminatory statement. I find it troubling that Ms. Wendy Lemoine, a supervisor in child protection services employed with the Livingston Parish Office Community Services( OCS), represented this juvenile as an "interested adult" during the custodial interrogation by the West Feliciana Detectives in this Livingston Parish murder investigation. Ms. Lemoine testified that the juvenile and his grandparents were her former neighbors and friends. Ms. Lemoine stated that the juvenile contacted her and asked if he could come over and talk with her, that he just needed a place to come and talk . Ms. Lemoine testified that the juvenile and her stepson were friends, and that he occasionally spent time at her residence. Ms. Lemoine testified that Kurt's grandmother initially called her and asked if Kurt had contacted her, to which she replied no. She stated that she later called the grandmother back to inform her that Kurt had come to the house, and that the police wanted to question him. Ms. Lemoine testified that she was asked to stand in as the

OCS representative during the questioning of the juvenile. At that point, she informed the grandmother that she would accompany Kurt, due to her position with OCS to represent juveniles on occasion for questioning in lieu of a parent. Ms. Lemoine testified she did not ask the grandmother's permission to stand in as an "interested or concerned adult." She further testified that during questioning she was acting in her official capacity with OCS, and as the "interested or concerned adult" representing the juvenile's interest. Even more disconcerting, is the fact that, during their private conversation at the police station, the juvenile stated to Ms. Lemoine "I need a lawyer." However Ms. Lemoine, the "interested adult" encouraged the juvenile to waive his right to an attorney. The following colloquy occurred between the defense counsel and Ms. Lemoine at the hearing on the motion to suppress the statement: MR. DAMPF: Q. Now, when you went over the form with him, or when you talked to him privately, what is the first thing Kurt told you? MS. LEMOINE: A. I need a lawyer. MR. DAMPF: Q. Okay. Now at that point, did you stop everythinh or did you start discussing with him or did you explain to him he might no

Download JOHNSON, J., would grant this writ application and assigns reasons..pdf

Louisiana Law