Public defender pushed for access to Samuel
David Cole | Hagadone News Network | UPDATED 9 years, 9 months AGO
COEUR d'ALENE - At 11:59 p.m. on March 24, Kootenai County Chief Public Defender John Adams called the county's central police dispatch to say he heard a 14-year-old was in custody for murder.
Adams told a dispatcher he was on his way to the Coeur d'Alene Police Department to see the boy.
Three hours earlier, Eldon G. Samuel III had called 911 to report the
shooting of his father and brother. Adams knew about the arrest after someone called him with a tip about a major new case.
He rushed to the department's headquarters.
By 12:25 a.m., on what was now the 25th, Adams was in the police department lobby.
He handed an officer a copy of the Idaho statute concerning juveniles and their right to an attorney while being held and questioned by police.
The officer said he would pass the copy on to his superior officer, and Adams responded that he would wait for a response.
Eventually, Lt. Rob Turner emerged to meet Adams.
According to a transcript of their conversation, which was included in a written decision filed in Samuel's case this week by 1st District Judge Benjamin Simpson, the conversation played out this way:
Lt. Turner: What can I do for you John?
Adams: I just want to see the guy you have in custody. Have a talk with him, make sure he's OK and make sure he understands his rights.
Lt. Turner: OK. He does. Can I help you with anything else?
Adams: No. I just wanted to see him.
Lt. Turner: (Inaudible.) Have a good night.
Adams: Uh, is he OK?
Lt. Turner: Yep.
Adams: (Inaudible.) How's he doing? (Inaudible.)
Lt. Turner: John, I'm under an investigation, and you're impeding that right now.
Adams: No. I am following my obligation.
Lt. Turner: No. You're impeding my investigation. I have a lot to do.
Adams: Can I get a card or something?
Lt. Turner: It's Turner, you know who I am. Have a good night.
Adams told The Press Friday that he took Turner's comments about "impeding" the murder investigation as a direct threat of arrest.
Coeur d'Alene police officials couldn't be immediately reached for comment Friday afternoon.
"I didn't believe there would be anybody at the police department who would be looking out for his best interests," Adams said. "They were all there as an arm of the government, building evidence against him, not to help him."
Adams said the law, according to his reading, states that Samuel has a right to consult with an attorney once in police custody.
Police, he said, should have consulted with two prosecutors who were at the station, asking them whether Adams should have an opportunity to speak with the boy.
"They didn't even let them know that I was there or give them the statute," Adams said.
A magistrate was also present at the station, as police wanted to investigate inside the home where Samuel and his family were living and the murders took place, he said.
If he had been allowed to meet and counsel Samuel, Adams said, the boy would have stopped talking immediately.
"I have no doubt in my mind the police, the adult trained interrogators, would have no longer interrogated him," Adams said.