Mark Rathbun - Defendants Motion To Suppress Statements
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08 SEP 16 PH 4: 03
2
Kl',G COUNTY SlHi\iOR COUH i CLERK
(.;:, TTl r; "" ",-tot LL. rt;-\
4 5
IN THE SUPERlOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING SEATTLE DIVISION
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STATE OF WASHINGTON,
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EFENDANT'S MOTION TO SUPPRESS STATEMENTS PURSUANT TO CRIMINAL
Plaintiff,
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Case Nq.: 06-1-03230-2 SEA
vs.
ULE3.5
MARK W. RATHBUN,
12
Defendant.
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MOTION
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COMES NOW the defendant, Mark W. Rathbnn, by and through his attorneys, Micheline Murphy and EvgeniyaD. Mordekhova, and moves for an order suppressing statements obtained from Mr. Rathbnn as a result of police interrogation in violation of Mr. Rathbnn's Fifth
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Amendment and Six Amendment rights. 19
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DATED this 15th Day of September 2008.
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By: 22
23 24
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DEFENSE MOTIONS - 1
ORIGINAL
Northwest Defenders Association 900 Fourth Avenue, Ste 3700 Seatcie, WA 98164 (206)674-4700
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STATEMENT OF FACTS The defense is filing its brief prior to receiving the state's motion to admit the statements. Since, as of the time of the filing ofthis brief that state has not notified the defense as to the specific statements it will seek to admit, it seems impractical to layout all the facts of this case, since the investigation of this matter lasted for several years. If the court needs more information
6
regarding the defense view of the facts pertaining to the admissibility of Mr. Rathbun's 7
statements, the defense will respectfully propose that counsel will file addendum to this brief, 8
containing more specific facts pertinent to the issue, once the state's brief outlining the specific 9
10
11
statements is received. The defense anticipates that the state will seek to introduce statements made by Mr. Rathbun
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to the Detective Kriscovic and Detective Collette during the interview on November 10tl1 and
13
11th, 2002. Mr. Rathbun was arrested on November 10'\ 2002 in California. At the time of the
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second interview, that was tape-recorded and transcribed, Mr. Rathbun was in custody and was
15
questioned by the detectives in relation to the numerous rapes and burglaries, allegedly
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committed by Mr. Rathbun. The transcript makes reference to the advisement of rights, allegedly
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provided to MT. Rathbun by Detectives Turley and Bums.
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STATEMENT OF LAW
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Miranda rights are critical in this criminal justice system, in order to ensure that suspects are 22
not compelled by state agent to give incriminating statements against themselves. The United 23
States Court stated: 24
25
DEFENSE MOTIONS - 2
Northwest Defenders Association 900 Fourth Avenue, 810 3700 Seattle, WA 98164 (206)674-4700
08 SEP 16 PH 4: 03
2
Kl',G COUNTY SlHi\iOR COUH i CLERK
(.;:, TTl r; "" ",-tot LL. rt;-\
4 5
IN THE SUPERlOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING SEATTLE DIVISION
6
7 8
STATE OF WASHINGTON,
9
11
EFENDANT'S MOTION TO SUPPRESS STATEMENTS PURSUANT TO CRIMINAL
Plaintiff,
10
Case Nq.: 06-1-03230-2 SEA
vs.
ULE3.5
MARK W. RATHBUN,
12
Defendant.
13
14
MOTION
15 16 17
COMES NOW the defendant, Mark W. Rathbnn, by and through his attorneys, Micheline Murphy and EvgeniyaD. Mordekhova, and moves for an order suppressing statements obtained from Mr. Rathbnn as a result of police interrogation in violation of Mr. Rathbnn's Fifth
18
Amendment and Six Amendment rights. 19
20
DATED this 15th Day of September 2008.
21
By: 22
23 24
25
DEFENSE MOTIONS - 1
ORIGINAL
Northwest Defenders Association 900 Fourth Avenue, Ste 3700 Seatcie, WA 98164 (206)674-4700
---------
1 2
3
4 5
STATEMENT OF FACTS The defense is filing its brief prior to receiving the state's motion to admit the statements. Since, as of the time of the filing ofthis brief that state has not notified the defense as to the specific statements it will seek to admit, it seems impractical to layout all the facts of this case, since the investigation of this matter lasted for several years. If the court needs more information
6
regarding the defense view of the facts pertaining to the admissibility of Mr. Rathbun's 7
statements, the defense will respectfully propose that counsel will file addendum to this brief, 8
containing more specific facts pertinent to the issue, once the state's brief outlining the specific 9
10
11
statements is received. The defense anticipates that the state will seek to introduce statements made by Mr. Rathbun
12
to the Detective Kriscovic and Detective Collette during the interview on November 10tl1 and
13
11th, 2002. Mr. Rathbun was arrested on November 10'\ 2002 in California. At the time of the
14
second interview, that was tape-recorded and transcribed, Mr. Rathbun was in custody and was
15
questioned by the detectives in relation to the numerous rapes and burglaries, allegedly
16
committed by Mr. Rathbun. The transcript makes reference to the advisement of rights, allegedly
17
provided to MT. Rathbun by Detectives Turley and Bums.
18 19 20
STATEMENT OF LAW
21
Miranda rights are critical in this criminal justice system, in order to ensure that suspects are 22
not compelled by state agent to give incriminating statements against themselves. The United 23
States Court stated: 24
25
DEFENSE MOTIONS - 2
Northwest Defenders Association 900 Fourth Avenue, 810 3700 Seattle, WA 98164 (206)674-4700
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