Below is an excerpt from the above link. This information was included in a Maryland Appellate Court decision to deny Leuschner his appeal to the second of his two Maryland murder convictions. He appealed on the basis that he had been denied his rights, in particular to the right of an attorney. His appeal of the first murder conviction had already been denied.
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Elwood Leroy Leuschner was convicted in the Circuit Court for Washington County of murdering and sexually offending Troy Krause, a 9-year-old boy. He had previously been convicted in Wicomico County of similarly destroying 10-year-old "Rusty" Marine (1979).
... Both cases rested upon Leuschner's confessions which were elicited almost simultaneously...
Elwood Leroy Leuschner had a "background" and "experience" which show, by repetitive exposure, an assimilated knowledge of judicial proceedings and defendant's rights. In California, as indicated by a four page criminal record, he had been charged with two crimes against children, two rapes, assault and robbery, firearms violation, forgery, burglary, and was a registered sex offender who had been accused but not proven to have been a sexual psychopath. Such background implies a knowledge, whether gained from books or experience, that is a distinguishing circumstance to be considered in determining...
For three months the Maryland State Police in Wicomico County had been searching for a missing 9-year-old boy named Troy Krause, when in late October of 1977, another youngster about the same age, named Russell (Rusty) Marine was reported missing also. On October 29, 1977, while investigating Rusty's disappearance, the State Police were told by Rusty's stepfather that his neighbor, Elwood Leroy Leuschner (the appellant) had last seen Rusty walking down the road toward a dirt pile near their residences.
Trooper David Luce went to Leuschner's trailer home and inquired about his recollection of last seeing Rusty. Because Leuschner's niece had previously related that Leuschner had a California criminal record, the trooper, upon returning to the barracks, entered Leuschner's description in a National Crime Information Center Computer and found that he was wanted in California for a parole violation. His criminal record was four pages long.
On October 30, 1977, in the early morning hours Leuschner was arrested (because California would extradite on the outstanding warrants for parole violation) and immediately advised of his rights, which he admittedly understood. He explained to the police that "he had been communicating with California authorities in an attempt to get his parole problem straightened out, that he only had one more year left on his parole."
Upon arrival at the State Police barracks he was again informed of his Miranda rights and at that time
"Mr. Leuschner stated that he wanted an attorney to represent him on the fugitive charges, as he did not want to go back to California; he had a lot to lose: he would lose his trailer, his job, his girlfriend, and so on."
No questions were asked of him regarding the fugitive charge; however, he was routinely processed and subsequently taken to the Criminal Investigator's office. There he was questioned concerning any information he may have had as to the location of the missing boy, Rusty Marine.
It is significant to note that his previous request for an attorney was expressly in regard to the fugitive charge only. That request for counsel was "scrupulously honored" as a triggering mechanism for his "right to cut off questioning" in regard to the charge for which he was arrested; however, he willingly agreed to discuss the missing boy...
...he stated that he would be perfectly willing to talk to us; that he didn't have any information concerning the location of where the missing person was. ...(He said) he did not desire an attorney; he didn't need one...
No questions were asked of Leuschner as to Troy Krause. The sole concern was directed to the missing neighbor Rusty since Leuschner was the last to have seen him. Presumably, little if any connection was known between Leuschner and Troy.
During this time, Betty Larmore, the paramour with whom appellant resided, came in and was permitted to be with, and talk to, Leuschner. Leuschner relayed his request for the retention of counsel to her. Leuschner requested that Betty Jean obtain an attorney for him..., because he did not want to go back to California; that they would have too much to lose.
... At that time she said that she couldn't do anything about getting an attorney due to the day it was - Sunday. However, she would go the next day and attempt to get him one...
With Ms. Larmore still there, the conversation to determine the whereabouts of the missing Rusty resumed. Discrepancies from Leuschner's previous interviews became apparent but nothing incriminatory or accusatory with regard to Rusty was elicited. Cigarettes, sandwiches and coffee were provided Leuschner around 4:00 o'clock.
From that time until 6:00 or 6:30, Lt. Keating, who was called in to assist in the investigation of a missing person named Rusty Marine, participated in the inquiry with the help of TFC Milton Hall. They were also familiar with the missing Krause boy, but again the focus of investigation was only upon Rusty.
Out of an abundance of caution, prior to any discussion, they too advised appellant of his Miranda rights. Leuschner never indicated a desire to stop talking about Rusty; but about an hour after Lt. Keating arrived, he recalled that Leuschner said, 'I would like to have an attorney'...
