Page 43 - TPA Journal May June 2025

evaluating the denial of that motion, we review the magistrate judge conducted an evidentiary hear-
district court’s legal conclusions de novo and its ing on the motion to suppress all other statements
factual findings for clear error. “We view the evi- in the three interviews. At the hearing, FBI
dence in the light most favorable to the party that Special Agent Glen Kelly testified that he ques-
prevailed below.” tioned Sanders in the FBI vehicle.
On the day Sanders was apprehended at a truck This first interview in the vehicle was not record-
stop, law enforcement officers questioned him ed. After Kelly asked Sanders for Suellen’s loca-
three separate times. The first time, he was ques- tion, Sanders replied that she was dead and that he
tioned immediately after he was arrested when he had killed both Suellen and L.R. When Kelly
was placed in a parked FBI vehicle. The second asked Sanders why he killed Suellen, Sanders
time, he was questioned at the FBI office after he replied that “he wanted to speak to an attorney
was processed. The third time, he was questioned before answering that question.” Kelly testified
at a correctional facility. It is undisputed that the that he changed the subject and did not repeat the
officers advised Sanders of his rights and that he question. Sanders said that on Labor Day week-
signed a form waiving those rights. It is also end, he, Suellen, and L.R. were returning from an
undisputed that during the first and third inter- amusement park in Arizona and driving on
views, Sanders stated that he wanted to speak to Interstate. Sanders drove to a remote area off the
an attorney. The parties dispute whether the invo- highway so they could shoot his .22 rifle. Sanders
cations of counsel were limited or ambiguous. admitted shooting Suellen once in the head and
leaving her body there. He said L.R. witnessed
“If the suspect effectively waives his right to him shooting her mother. Sanders drove L.R. on
counsel after receiving the Miranda warnings, law a several-day trip to Louisiana. Sanders denied
enforcement officers are free to question him.” abusing or raping L.R. When Kelly asked
However, “if the accused indicates in any manner Sanders why he killed L.R., Sanders stated that he
that he wishes to remain silent or to consult an wanted to speak to an attorney “before answering
attorney, interrogation must cease, and any state- that question” Because that was the second time
ment obtained from him during interrogation that Sanders had stated he wanted a lawyer before
thereafter may not be admitted against him at his answering a particular question, Kelly asked
trial.” The question of whether a suspect has in Sanders if he was “willing to answer all these
fact invoked his right to counsel is an objective other questions,” and Sanders responded affirma-
inquiry. A suspect “must articulate his desire to tively. Kelly then changed the subject and did not
have counsel present sufficiently clearly that a rea- again ask why Sanders had killed L.R.
sonable police officer in the circumstances would Additionally, when Kelly asked Sanders what he
understand the statement to be a request for an did in Las Vegas, Sanders stated that he wanted to
attorney.” “[I]f a suspect makes a reference to an speak to a lawyer before answering that question.
attorney that is ambiguous or equivocal in that a Kelly did not repeat that question.
reasonable officer in light of the circumstances Kelly ended the interview by asking Sanders if he
would have understood only that the suspect might had ever killed anyone else, and Sanders replied
be invoking the right to counsel, [Supreme Court] that he had not. Sanders was then transported to
precedents do not require the cessation of ques- the FBI office to be processed into the system.
tioning.” Further, if a suspect clearly invokes his The next witness to testify at the suppression hear-
rights as to certain topics, the officer must honor ing was Ron Werby, a criminal investigator with
the request by changing the subject. the Sheriff’s Department in Gulfport, Mississippi,
Sanders filed a pretrial motion to suppress all his who had been assigned to the FBI Joint Task
statements except for his admission that “I killed Force for several years. Werby testified that he
her [Suellen Roberts], I killed them both.” The was in the FBI vehicle while Kelly was inter-

May-June 2025 www.texaspoliceassociation.com • (512) 458-3140 39