The attorney for a woman accused of killing her newborn daughter says the woman's statements to law enforcement shouldn't be used in court because officers were not diligent enough in getting information about her mental health.
Defense attorney Tim Purdon argued that Gennifer Glum's statements to detectives during an hour-and-a-half interview while she was in the hospital should be suppressed, as her guardians did not consent to waive her Miranda rights.
Glum was charged in December 2007 with Class AAfelony murder for the Dec. 6, 2007, asphyxiation death of her newborn daughter. She has pleaded not guilty to the charge.
Glum was found by a judge to be an "incapacitated person" in Nebraska in 2005. Her parents were appointed to be her guardians, and she has lived with her father in Bismarck since then.
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Glum attempts to suppress statements
Defense attorney Tim Purdon argued that Gennifer Glum's statements to detectives during an hour-and-a-half interview while she was in the hospital should be suppressed, as her guardians did not consent to waive her Miranda rights.
Glum was charged in December 2007 with Class AAfelony murder for the Dec. 6, 2007, asphyxiation death of her newborn daughter. She has pleaded not guilty to the charge.
Glum was found by a judge to be an "incapacitated person" in Nebraska in 2005. Her parents were appointed to be her guardians, and she has lived with her father in Bismarck since then.
Full Article and Source:
Glum attempts to suppress statements
4 comments:
This is tricky. If she truly is incompetent, then can she be held responsible for the murder?
What a terrible, terrible tragedy.
In this case, being under guardianship may be beneficial to Gennifer Glum.
And in this case, it really shouldn't be.
Guardianship is one of those things that works for the lawyers when they want it to work for their purpose.
The "rules" - the state laws - are respected when it behooves them.
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