Episode 13 "Wenatchee Sex Ring Case-Part Two"

Episode 13 "Wenatchee Sex Ring Case" Part Two: Was the defendant's confession admissible and was she entitled to an expert that would tell the jurors why some people falsely confess?

Transcript

SPEAKER_00 0:04

The Smoke and Gavel Podcast is now in session. I'm retired Judge Chip Small, presiding over this podcast with my bailiff, Madeline Rose. We welcome you and ask you to join us as we look at our justice system from a unique, candid, and inside view. Maddie, what's on the docket today?

SPEAKER_01 0:22

Your Honor, today you will continue to share with our listeners your view from the bench during the prosecution of Linda Miller, a person alleged to have been involved in the so-called Wenatchee sex ring. And we will continue the story of true justice. So, Judge, at the end of our last episode, you said you would cover the admissibility of Linda Miller's confession and the issue of an expert witness, right?

SPEAKER_00 0:45

That's correct, Matty. In our last episode, I described the claims involving Ms. Miller's confession. Because the state plan on introducing her confession at trial, the law requires the court to conduct what is known as a 3.5 hearing before the trial begins. Superior Court Criminal Rule 3.5 essentially provides for a separate evidentiary hearing before the trial court judge to determine if the defendant's confession was voluntary and knowingly given. In other words, that she had not been coerced or forced to confess, and her confession came after she acknowledged that she was given and understood her Miranda rights.

SPEAKER_01 1:25

So you were the judge who presided over this hearing?

SPEAKER_00 1:28

Yes, because I was the trial judge. In our county, the trial court normally conducts the 3-5 hearing, but it's not required. At the hearing, Detective Perez testified about his interrogation of Ms. Miller, along with several other officers who witnessed parts of the questioning. Ms. Miller also testified, as well as her court appointed expert psychologist.

SPEAKER_01 1:51

When you say court appointed, does that mean she didn't have to pay for this expert?

SPEAKER_00 1:56

That's correct. When a defendant is charged with a crime and cannot afford an attorney, then the court appoints one at no expense to the defendant. The court may also appoint any experts the court determines are reasonably necessary for the defense. In this case, the psychologist described her as a very seriously disabled and psychiatrically ill woman. He further testified that she did not exhibit a psychotic process, had no cognitive or mentation difficulties, thought blocking, or echolalia. The latter is a pathological repetition of what is said to her by others, as if echoing them. Her psychologist testified that Miss Miller was competent, though disturbed. She herself testified that she had previously suffered a nervous breakdown and attempted suicide three times.

SPEAKER_01 2:52

So then what happened?

SPEAKER_00 2:54

The evidence showed that after the interview, Detective Perez prepared a six and a half page confession. Ms. Miller reviewed it and made several corrections, which she initialed, and then she signed every page and the last page of her confession.

SPEAKER_01 3:10

And then what happened?

SPEAKER_00 3:12

Ultimately, I concluded that the defendant had voluntarily waived her Miranda right to remain silent. She did so knowingly and voluntarily, so her confession was ruled admissible.

SPEAKER_01 3:24

That seems like a really sticky situation, but it's time for a commercial break. The Smoke and Gabble Podcast is sponsored by Judge Small Books and Gatekeeper Press, a full service publishing company empowering authors with complete creative control, professional guidance, and 100% royalties. Whether you're publishing your first book or your tenth, their team makes the process simple, transparent, and truly author friendly. Listeners of our show can receive 10% off any publishing package with Gatekeeper Press just by mentioning discount code ChIPSMAM when requesting a quote or during your free consultation at gatekeeperpress.com. Judge, you also said that there was an issue about an expert witness, but I thought she had a court appointed expert.

SPEAKER_00 4:08

She did. She actually had a second expert appointed by me without objection by the state. This expert was a forensic psychologist for the National Institutes of Health Child Witness Project. But the issue I was referring to is about another expert witness, which would have been her third expert that she wanted the court to appoint. For lack of a better term, he was a false confession expert from the San Francisco area, and he would cost about ten thousand dollars. The defendant's attorney agreed that he would not ask this expert if it was his opinion that the defendant falsely confessed, because the defense attorney acknowledged that such an opinion would invade the province of the jury. The attorney said he would simply ask the expert to describe why some people confessed to something they didn't do. At the time, our county had about seven hundred criminal felony filings a year, and I estimated about seventy percent of those defendants confessed. That meant four hundred and ninety potential defendants each year could also ask for this expert to testify. In other words, it would cost the county it could cost the county about four point nine million dollars each year for such experts. So I asked the defendant's attorney, how is Ms. Miller's case different from the other four hundred and eighty-nine? His answer was I don't know.

SPEAKER_01 5:33

So somebody be came up with a niche product to be able to offer people advice and a service for false confessions because obviously I'm I'm sure that does happen. Obviously, that does happen. However, I'm sure it doesn't happen as often. Because I imagine it would take a lot to get somebody to confess falsely, especially to something so horrendous as what she confessed to. So it seems like somebody might have came up with a product that was pandering to a era per se. I don't know. Thoughts?

SPEAKER_00 6:17

Well, that that's one one view. Uh on the other hand, I believe this gentleman had a PhD and he had studied uh numerous cases. Trevor Burrus, Jr.

SPEAKER_01 6:27

Surely. And I'm sure he's ha he helped cases. Oh, sorry. Yeah. No, you guys may interrupt each other a lot. It's our thing.

SPEAKER_00 6:35

But you know, so there's there's views on both sides. Uh but it's my job, as I said, the trial court has to decide if that expert is reasonable necessary for the defendant's defense.

SPEAKER_01 6:48

Okay.

SPEAKER_00 6:48

In this case, the defense attorney conceded that he intended to call Ms. Miller as a witness at trial, and the officers who testified at the three five hearing would also testify about her confession. So the jury could decide whether she had falsely confessed. They can watch the witnesses' testimony and decide who was telling the truth.

SPEAKER_01 7:08

And go off of okay.

SPEAKER_00 7:10

Go off the evidence at trial. Yeah. And she had already testified at the three five hearing that she was coerced and threatened by Detective Perez, and she was having emotional issues. These were the reasons she presumably would explain to the jury why she falsely confessed. Because the expert was not going to opine whether Miss Miller's confession was false, and the reasons people confess to things they haven't done are easily known without the help of an expert. I was inclined to deny the request for this expert. However, this case was already garnering extensive media attention. So instead of denying the motion, I continued the hearing to give the defendant's attorney time to reconsider the court's question. At the second hearing on his motion, I asked him again, how is this case different from the other four hundred and eighty-nine? This time his answer was I don't know. So I denied the motion.

SPEAKER_01 8:09

Yeah, that's a lot to take in because anybody can confess to doing something and then later on say, Well, no, I didn't mean to do that. I was threatened. I felt waterboarded into it. Trevor Burrus, Jr.

SPEAKER_00 8:19

Or they're trying to protect somebody else.

SPEAKER_01 8:44

Again, there's people who do false confessions. Okay, well, time for another chapter of true justice.

SPEAKER_00 8:57

Chapter 11. Back at work. Kate, what's up? Arnie asks as he picks up his office phone. Catherine O'Shaughnessy, disappointed in how her last date with Arnie ended, decides to push forward.

SPEAKER_01 9:13

How would you like to have a play date? I'm thinking we play tennis this weekend at the Eagleton Swim and Tennis Club. Once he sees me in my tennis outfit.

SPEAKER_00 9:23

She muses. Sure, that sounds great. Saturday?

SPEAKER_01 9:28

Ten o'clock, okay?

SPEAKER_00 9:29

She says more excitedly than she intended. That will work fine, Ernie replies happily.

SPEAKER_01 9:37

I'll reserve a court for us. And we can have lunch after.

SPEAKER_00 9:41

Looking forward to it.

SPEAKER_01 9:43

Me too, handsome. See you there.

SPEAKER_00 9:45

She hangs up the phone, satisfied with herself.

SPEAKER_01 9:49

I need to show him how happy we'll be together, enjoying the finer things in life.

SPEAKER_00 9:54

Ernie returns his attention to drafting the motion and affidavit for in order to show cause why Stocker should not be held in contempt of court for his failure to follow the parenting plan and provide counseling for the girls. Maria, having overheard the conversation, sticks her head in his office and says She'll still be pursuing you, and you're good with that. Why not? That reminds me, if you must know, Steph and I are having dinner this Friday night, Arnie smiles. Waiting for the arrival of Maria Azul, McGunn advises Middleton about Oturo's potential gang involvement. I want you to find out what gangs are active at Westview High School, and search their social media for any clues for which one Azul is involved with. You know how they post pictures of themselves on the net? Sure thing, boss, Maria Azul is in interview room one, waiting for you. She's a wreck. After reading Maria Azul her Miranda Rights, in English and in Spanish, McGunn asks her if she understands her rights. She acknowledges in English that she does. Do you want a lawyer?

SPEAKER_01 11:06

No. Why would I? I've done nothing wrong.

SPEAKER_00 11:10

Are you willing to speak to me about your son Arturo?

SPEAKER_01 11:13

No. You're out to get him.

SPEAKER_00 11:16

You understand, Mrs. Ule, that your son killed the sheriff's deputy? No response.

SPEAKER_01 11:22

He told me it was an accident.

SPEAKER_00 11:25

Do you understand the seriousness of this offense and what may happen to him? No response.

SPEAKER_01 11:32

Of course I do. That's why I won't talk to you.

SPEAKER_00 11:36

You know it will go better for him if he turns himself in? No response.

SPEAKER_01 11:41

I don't believe you.

SPEAKER_00 11:44

Ma'am, if we find out you helped him get away, you may be charged with a crime. No response.

SPEAKER_01 11:51

I did what any mother would do.

SPEAKER_00 11:55

We know he came to your home after the shooting. We also know that you were gone all night last night. Where did you go? Maria nervously shifts in her chair but gives no response.

SPEAKER_01 12:07

How does he know that?

SPEAKER_00 12:09

Captain, Middleton interrupts excitedly. What is it? I think we found him. Maria looks up frightened. McGunn leaves the room to speak to Middleton. We got a call from Catalina Radio, Lupe's mother. She told us that a few days ago her daughter told her that Azul planned to marry Lupe and move to Whitby to work with his uncle Tito. We ran the name and we have an address for Tito Ortiz in Whitby. Tito Ortiz's double wide mobile home sits in a trailer park on the outskirts of the small rural town of Whitby. The homes sit about ten feet apart from each other. Gravel roads parallel both sides of each row of mobile homes. Tito's is in row three, second from the end. Most of the residents are farm workers for the nearby corporate owned ranches. Because Whitby is too small for its own police force, the Davenport County Sheriff's Office provides the town with regular patrols. The target residence has been under surveillance since early afternoon. No one has been observed leaving or entering, but individuals can be seen inside. Protocol dictates notifying local law enforcement before an outside agency initiates an arrest. This evening, however, McGunn chooses to wait until dark and the task force has the trailer home surrounded before notifying the local sheriff. Radio silence is in place in case the occupants have a police scanner. Almost two dozen officers communicate by cell phone. Two unmarked vehicles park directly in front, and two more station themselves at the rear of the mobile home. Four additional vehicles are also nearby. Officers from the State Patrol, the FBI, and surrounding counties cannot wait to pounce on the suspect. After McGunn is convinced they have the residents locked down, all the vehicles are told to light up the area with their searchlights and wigwags. The entire neighborhood is drenched in red, white, and blue lights. McGunn asks Trooper Pineta to announce their presence over the loudspeaker. In Spanish and English, the trooper advises all the residents to come out with their hands up. He repeats the demand two more times. Finally, three individuals step out, squinting into the searchlights with their hands raised. Several officers with shields and bulletproof vests come forward and remove them from the scene. None of them is Azul. Again, the trooper calls out to Azul to give himself up. Nothing. McGunn orders the trooper to tell Azul that his mother, Maria Azul, is in their custody and he'd better come out. The door to the mobile home slowly opens. Azul, wearing a soccer jersey and blue jeans, steps out onto the front deck. His arms are raised, he is visibly shaking, and his head is down. He is ordered to step off the porch onto the small yard and kneel down. He complies. Azul is then ordered to lie face down on the ground. As soon as he does, four officers, including Officer Middleton, step forward and forcefully proceed to handcuff him, then ankle cuff him, and finally belly chain him, attaching the handcuffs to the belly chain. Radioing dispatch, Middleton calmly states Code four, one in custody. Hearing the call of all clear, a small cheer is heard, and a feeling of relief and euphoria sweeps across the force. Immediately after bringing Azul to his feet, a van pulls up, and several U.S. marshals whisk him away without a word to the arresting officers. The officers who placed Azul in custody are taken aback. Special Agent West quickly advises them the marshals had to do so as a matter of protocol to protect the safety of the accused. Middleton reluctantly acknowledges that is probably a good idea. Our next podcast will continue the inside view of the case of State vs. Linda Miller, one of the so-called Monache sex ring cases. Thanks for listening today. We hope you enjoyed this episode of the Smoke and Gavel Podcast. To learn more, visit judgesmallbooks.com. Don't forget to like, subscribe, and share to stay connected. Until next time, God bless.