If anyone understands the right to remain silent, it should be a police officer, a federal judge concluded Friday.
U.S. District Judge Bruce Jenkins ruled that the confessions of former Brigham City police officers Susan Kozak and Darrell Glover could be used against them at trial later this month even though both said they hadn't properly been notified of a right to remain silent.Jenkins also ruled that a package of methamphetamine mailed to Kozak and picked up from the Brigham City post office by Glover could be used as evidence.
Glover says his confession should not be used because he confessed almost an hour after he had been read his rights. He should have been read those rights a second time as soon as he started talking to police, said attorney Gerald McPhee.
Kozak doesn't want her confession used because she was not read her rights before she confessed. A federal magistrate earlier recommended that the confession be admitted because Kozak had not been arrested at the time of her confession and was free to leave the police station. Those circumstances do not require a Miranda warning of the right to remain silent and the right to have an attorney present.
Jenkins and the couple's attorneys differed on what can be expected of a police officer during Friday's hearing on the matter.
"These people are sophisticated. It isn't as though you are dealing with someone absolutely bereft of experience," Jenkins said.
"You go too far if you say, `These people were police officers. They know what Mirand rights are . . .they have given them themselves,' " countered attorney Gerald McPhee. "Courts have not made a distinction that I'm aware of that says sworn police officers don't need a Miranda warning so we can relax the standards a bit."
But one can assume that the two "had sufficient knowledge to either speak up or shut up," Jenkins said.
They chose to speak up, face the consequences, he concluded.
Jenkins ruling has likely paved the way for a guilty plea to reduced charges. "I imagine we're going to talk about that right now," said McPhee after the hearing. "Needless to say, these statements are very damaging. We failed to suppress them. Now we'll have to look at what other options we have."
If convicted of the crimes they have been charged with, each faces a maximum penalty of 20 years in a federal prison and a $1 million fine, said Assistant U.S. Attorney Richard McKelvie.
U.S. Postal inspectors began watching Kozak's mail after several suspicious packages - usually Express Mail packages emitting the smell of coffee - were delivered to her post office box.
After watching her mail for several months, the federal government obtained enough evidence to open one of the packages. It contained 27 methamphetamine.
The package was delivered to the Kozak's post office box. Gover, Kozak's boyfriend, was arrested April 14 when he picked the package up. Glover was picked up at her home.
Kozak confessed to receiving several packages of methamphetamine. She told police the drugs were for someone in her family but admitted to using the drug herself.
Glover confessed to picking up several packages in the past. In a written confession, he said he knew the packages contained methamphetamine. But Glover later said police told him to put that in his confession and he didn't know what was in the package.
The two officers resigned the day of their arrest.