The “MOTION TO SUPPRESS THE DEFENDANT'S JANUARY 13 2020 AND JANUARY 15 2020 STATEMENTS” is now a readable document.
https://courts.osceolaclerk.com/BenchmarkWeb/Image.aspx/DocumentMobile?cid=53051583&digest=Z2XiSX4vfPigaTWqoWAhiA
There is a lot to unpack from the document. Basically, the Defense wishes to suppress Todt’s statements to detectives on January 13 and 15, 2020.
Here is my layman’s summary of the document.
The motion claims that statements made to detectives on January 13, 2020 were made at the hospital while Todt was being treated for a Benadryl overdose, symptoms of which include psychosis, delirium, and confusion and after a doctor had already determined (and communicated with law enforcement) that Todt would need to be involuntarily committed pursuant to the Baker Act for suicidal ideation and depression.
The motion argues that Todt’s initial statements at the hospital (including his initial confession) should be suppressed because, prior to Todt’s first confession, detectives read to him an incomplete list of Miranda rights, and one of the detectives told Todt that his “cooperation will go a long way,” which may have evoked the confession rather than it being given freely and voluntarily.
Later in the same interview session at the hospital, detectives read Todt his complete Miranda rights, and Todt again confessed. The motion argues that the confession should be suppressed because, at the end of the first portion of the interview session, a detective minimized Miranda rights, by stating that, “I have no doubt that you will take responsibility for these actions.”
The motion also states that on January 15, after discharge from the hospital but prior to any admission to an inpatient psych unit pursuant to the Baker Act, Todt again confessed to law enforcement.
The motion argues that those statements should be suppressed because of another case which upheld that Miranda rights read after a non-Mirandized pre-interview session in which the suspect made incriminating statements is ineffective.
The motion also argues that Todt’s fragile emotional state due to the Benadryl overdose and evidenced by his involuntary Baker Act commitment precluded a knowing, intelligent, and voluntary waiver of Miranda rights.
Finally, the motion argues that Todt’s diminished capacity, coupled with coercive police conduct, makes his waiver of Miranda rights invalid.