Thursday, April 24, 2014
YOLO COUNTY NEWS
99 CENTS

Marsh confession involuntary, defense attorneys say

By
From page A1 | February 09, 2014 | Leave Comment

Law-enforcement officers used deception and pressure tactics to elicit a confession from the teenage suspect in a Davis double murder, according to a court document seeking to have those statements excluded from the defendant’s upcoming trial.

In a 32-page motion filed Thursday, lawyers for 16-year-old Daniel William Marsh say their client was taken to the Davis police station under false pretenses, then questioned for hours about the April 14 stabbing deaths of Oliver “Chip” Northup and Claudia Maupin despite investigators’ knowledge of Marsh’s psychological troubles and his repeated requests to be taken home.

“Throughout his interrogation, the minor’s denials were consistently, persistently refuted, signaling to him that the only manner in which to terminate the interview was to confess. … It was only after four hours of being in police custody that Mr. Marsh made incriminating statements,” deputy public defenders Ron Johnson and Andrea Pelochino argue in their motion.

The attorneys say the alleged confession was involuntary and thus inadmissible in court.

A hearing on the suppression motion is scheduled for Feb. 28 and will remain open to the public, Yolo Superior Court Judge David Reed ruled Thursday. Marsh’s attorneys had sought to have the hearing closed, its transcript sealed and a gag order imposed on the parties in the case.

However, Reed agreed to view the video of Marsh’s five-hour interview in private before deciding whether that recording should be sealed.

According to the defense motion, officers from the Davis Police Department and the Federal Bureau of Investigation identified Marsh as a suspect in the murders on June 15. Two days later, Davis police Officer Eddie Ellsworth located Marsh at a friend’s home and asked him to go to the police station to fill out diversion program paperwork for an incident that had occurred at school earlier in the year.

“Officer Ellsworth never mentioned that the police and/or the FBI were interested in interrogating Mr. Marsh as a suspect in a double homicide,” the motion says.

While speaking with a youth intervention specialist, Marsh disclosed he was taking medications for clinical depression and severe anxiety, and that he frequently smoked marijuana to “calm down the voices,” Marsh’s attorneys wrote. From there, he was taken into an interview room and introduced to Detective Ariel Pineda.

“Basically, you are at the Police Department and, uh, I have to read this stuff to you,” Pineda told Marsh before reading him his rights, according to the motion, which describes the Miranda warning as “excessively casual” for someone young and unfamiliar with law enforcement. No attorney was present.

The defense lawyers also label the police interview as “psychologically coercive,” lasting nearly five hours and eventually involving an FBI agent, Chris Campion, who described himself as a “healer” and implied that admission to the murders would earn Marsh leniency in the courts, the motion says.

“Agent Campion continued the interrogation after Mr. Marsh’s persistent denials and told him that he wanted to hear Mr. Marsh confess so he could heal him,” according to the motion. “The agent then suggested that a confession could mean prosecution in juvenile, as opposed to adult, court.”

Marsh, charged with two counts of murder with special circumstances, is being tried as an adult — a charging decision that Yolo County prosecutors say was mandated by law in light of Marsh’s age and the nature of his alleged crime.

“These promises of help, healing and psychiatric treatment would be inappropriate in any context, but when combined with Mr. Marsh’s mental infirmities are clearly improper promises of leniency,” the motion says.

Nearly three hours into the interview, a tired and hungry Marsh made the first of four requests to go home and began to ask whether he was under arrest, but the officers continued to question him, defense attorneys say. When he asked to be taken to a psychiatric hospital, Campion replied that “the first step to treatment in a hospital was by confessing.”

“After approximately 191 minutes of direct interrogation and 240 minutes since initially being picked up by Officer Ellsworth, Mr. Marsh relented and told the agent he wanted help and proceeded to make incriminating statements,” the motion says.

Pineda testified at Marsh’s Sept. 13 preliminary hearing that Marsh admitted to harboring urges to kill since the age of 10, and that he gave into those urges that April night by slipping through an open window of the victims’ Cowell Boulevard condominium and fatally stabbing Maupin, 76, then Northup, 87.

Coroner’s officials say the couple were stabbed more than 60 times each, their bodies mutilated when police officers conducting a welfare check discovered them in their bedroom. Pineda said police found bloodied clothing in the garage of Marsh’s mother’s home.

The Yolo County District Attorney’s Office has until Feb. 20 to file its opposition to the defense suppression motion.

— Reach Lauren Keene at lkeene@davisenterprise.net or 530-747-8048. Follow her on Twitter at @laurenkeene

LEAVE A COMMENT

Discussion | No comments

The Davis Enterprise does not necessarily condone the comments here, nor does it review every post. Read our full policy

.

News

Food insecurity remains an issue for many county residents

By Anne Ternus-Bellamy | From Page: A1

 
4-H members prepare for Spring Show

By Anne Ternus-Bellamy | From Page: A1

 
 
Youth sports in focus on radio program

By Enterprise staff | From Page: A4

 
Rummage sale will benefit preschool

By Enterprise staff | From Page: A4

Concert benefits South Korea exchange

By Enterprise staff | From Page: A4

 
Conference puts focus on Arab studies

By Enterprise staff | From Page: A4

Central Park Gardens to host Volunteer Orientation Day

By Enterprise staff | From Page: A5 | Gallery

 
Volkssporting Club plans North Davis walks

By Enterprise staff | From Page: A5

Hotel/conference center info meeting set

By Enterprise staff | From Page: A5

 
Davis honors ‘green’ citizens

By Enterprise staff | From Page: A5

Water rate assistance bill advances

By Enterprise staff | From Page: A5

 
Program explores STEM careers for girls

By Enterprise staff | From Page: A5

Embroiderers plan a hands-on project

By Enterprise staff | From Page: A5

 
Cycle de Mayo benefits Center for Families

By Anne Ternus-Bellamy | From Page: A8

Author to read ‘The Cat Who Chose to Dream’

By Anne Ternus-Bellamy | From Page: A12

 
.

Forum

Ortiz is the right choice for Yolo

By Letters to the Editor | From Page: A6

 
Tom Meyer cartoon

By Debbie Davis | From Page: A6

The high cost of employment

By Letters to the Editor | From Page: A6

 
High-five to Union Bank

By Letters to the Editor | From Page: A6

Broken sprinklers waste water

By Letters to the Editor | From Page: A6

 
Three more administrators?

By Letters to the Editor | From Page: A6

Neustadt has experience for the job

By Letters to the Editor | From Page: A6

 
Here’s a plan to save big on employee costs

By Special to The Enterprise | From Page: A6

Davis is fair, thoughtful

By Letters to the Editor | From Page: A6

 
.

Sports

DHS/Franklin II is a close loss for Devil softballers

By Enterprise staff | From Page: B1

 
DHS tracksters sweep another DVC meet

By Enterprise staff | From Page: B1 | Gallery

Another DVC blowout for DHS girls soccer

By Evan Ream | From Page: B1 | Gallery

 
Young reinvents his game to help Aggies improve on the diamond

By Bruce Gallaudet | From Page: B1 | Gallery

DHS boys shuffle the deck to beat Cards

By Thomas Oide | From Page: B1 | Gallery

 
Baseball roundup: Giants slam Rockies in the 11th

By The Associated Press | From Page: B2

 
UCD roundup: Aggies lose a softball game at Pacific

By Enterprise staff | From Page: B3

Jahn jumps to Sacramento Republic FC

By Evan Ream | From Page: B8

 
.

Features

.

Arts

Emerson, Da Vinci to present ‘Once Upon a Mattress’

By Enterprise staff | From Page: A11

 
Winters Plein Air Festival begins Friday

By Enterprise staff | From Page: A11

 
Bach Soloists wrap up season on April 28

By Jeff Hudson | From Page: A11

 
Congressional art competition open to high school students

By Enterprise staff | From Page: A11

 
.

Business

.

Obituaries

.

Comics

Comics: Thursday, April 24, 2014

By Creator | From Page: B6