Kathy E <[EMAIL PROTECTED]> writes: Attorneys for former Air Force cadet David Graham continued their efforts to get his confession thrown out of his upcoming trial, focusing on his arrest and the conditions under which he was read his Miranda rights. The focus of today's arguments was when Graham was considered under arrest when he was interviewed by Air Force and Grand Prairie officials about the murder of Adrianne Jones. The defense claims that Graham was really under arrest when Air Force officers came into his room on the night of Sept. 4 1996 and told him that Grand Prairie detectives wanted to interview him. According to the defense, Graham was a low-ranking cadet who was obeying a superior officer and would not have disobeyed him. Graham would not have told his superiors that he did not want to talk to the Grand Prairie detectives. Because of these factors, the defense says, Graham was actually in custody before he gave his oral and written confessions to investigators. The time at which Graham was considered under arrest is an issue because it determines whether he was properly given his Miranda Rights during his interview. Graham was read his rights according to military law. Miranda Rights in military law and Texas state law are very similar but have one key difference: military Miranda Rights say that a person under arrest has a right to have a lawyer present during a police interview while Texas law says that a suspect may have a lawyer present before and during an interview. Graham's lawyers claim that this technicality (the fact that under military law, Graham could not have an attorney present before his interview, a direct clash with state law) shows that his confession was obtained illegally and should not be admitted as evidence into his trial. Prosecutors say that Graham really did not need his rights read to him anyway because he was not under arrest and not considered a suspect when the interview began. They claim that he could have stopped the interview at any time and gone back to his room. But prosecutors say that Graham was considered under arrest once he gave her verbal admission that he was involved in Adrianne Jones' murder. (This admission occurred several hours after Graham's interview began.) In addition to Graham's written confession, prosecutors are trying to get his alleged verbal confession admitted as evidence into his trial. A defendant's verbal statements regarding a crime are rarely admitted into Texas criminal trials. But, the state argues, Graham apparently told investigators some details about Adrianne Jones' murder that only the killer would have known. For example, Graham told them what kind of gun was used to kill Jones and what kind of weight was used to fracture her skull. Graham was expected to testify during the hearing today, but the testimony of various witnesses was longer than expected. He is expected to take the stand when the pretrial hearings resume tomorrow. -- Kathy E "I can only please one person a day, today is NOT your day, and tomorrow isn't looking too good for you either" http://members.delphi.com/kathylaw/ Law & Issues Mailing List http://pw1.netcom.com/~kathye/rodeo.html - Cowboy Histories http://www.geocities.com/CapitolHill/Lobby/2990/law.htm Crime photo's Subscribe/Unsubscribe, email: [EMAIL PROTECTED] In the body of the message enter: subscribe/unsubscribe law-issues
