Miles’ team of lawyers have filed a motion asking that his statements to investigators before he was read his rights be tossed out.
The suspects claim they acted in self-defense, and both are seeking to have the charges dismissed under immunity laws.
“At the time the Violent Crimes Unit obtained statements from him at University Downs, a reasonable person in Darius’s situation would believe that he was in custody,’’ the attorneys wrote. Within minutes of starting the interrogation, the motion states, Miles was told that someone had been killed. A defendant can waive a Miranda warning and continue to speak with investigators as long as it’s made voluntarily, knowingly and intelligently.
“Miller then had Darius repeat those same previously unwarned, illegally obtained statements,’’ lawyers contend. “Miller also used the same previous illegally obtained statements to confront Darius.”
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