Gail Gerlach’s Defense Asks Judge To Suppress Statements To Poli - KFBB.com News, Sports and Weather

Gail Gerlach’s Defense Asks Judge To Suppress Statements To Police At Trial

Posted: Updated:
  • Related LinksMore>>

  • Gerlach / Kaluza-Graham Shooting Coverage

    Gerlach / Kaluza-Graham Shooting Coverage

    Follow the latest developments on the March 2013 shooting of Brendon Kaluza-Graham.
    Follow the latest developments on the fatal shooting of Brendon Kaluza-Graham. 25-year-old Brendon Kaluza-Graham was shot by Gail Gerlach in March of 2013 as Kaluza-Graham was driving away in Gerlach's SUV. Gerlach says Kaluza-Graham was stealing the vehicle and he thought he saw the suspected car thief with gun.

Gail Gerlach was back in a Spokane County Courtroom Friday afternoon for a three and a half hour hearing regarding two matters: suppressing statements he made to police made on the day he shot and killed Brendan Kaluza-Graham, 25, and compelling discovery from prosecutors.

The morning of March 25th, Gerlach left his SUV warming up in the driveway of his NE Spokane home. He came back out to find someone had jumped in and was backing it down the driveway. As the man inside (later identified as Kaluza-Graham) was driving away, Gerlach says he thought he saw the man pull a gun and believed his life was in danger. He fired one shot that killed Kaluza-Graham and the SUV crashed into a garage two blocks away.

The defense says Gerlach was questioned by police that day without being read his Miranda rights and that police have "incorrectly paraphrased" what he said in some instances. Gerlach's defense lawyer, Richard Lee, wrote in the court motion, "Instead of being given his Miranda Rights; he was given what amounts to Miranda Wrongs."

Prosecutors argue Gerlach spoke with police freely and was never forced or coerced into answering questions. Beyond that, they argue, he was never entitled to his Miranda rights because he was never arrested.

During the hearing Friday, the state called four Spokane Police Officers who responded to the shooting and either spoke with Gerlach or accompanied officers who did. Each officer is at least an 18-year veteran with the department.

Gerlach maintained Officer Tyler Cordis told him, "If it happened like you said it did, you have nothing to worry about." However, when on the stand, Cordis said he didn't remember making such a statement.

Gerlach also said Officer Kris Honaker said, "I'm a gun guy too and you should probably talk to an attorney… It would be worth the expense."

However, Gerlach's team said he was never told how to get one or that a lawyer would be provided to him if he couldn't afford one, and that he wasn't read his rights until he was taken down to the detective office after speaking with police at the scene.

Judge Annette Plese will have to decide whether the jury will hear Gerlach's statements to police. Gerlach has pleaded not guilty to first-degree manslaughter and in court Friday his trial date was moved back from December to March 31st.

Brendan Kaluza-Graham's grandparents also sat in court during the hearing and told KHQ's Kelsey Watts "we're just here to stand for Brendan" and that they are "disappointed" with the decision to delay trial.

 

  • Top Stories from KHQTop StoriesMore>>

  • New Coeur d'Alene Police Chief Sworn In

    New Coeur d'Alene Police Chief Sworn In

    Tuesday, September 2 2014 10:02 PM EDT2014-09-03 02:02:20 GMT
    The Coeur d'Alene Police Department swore in Lee White as the new chief of police Tuesday. White says his first priority is to go on what he calls a "listening tour." The goal is to hear from both police and the community to bridge the gap between officers and the public. "There needs to be a tangible sense of how we expect our department members to act," Chief White said. White's swearing in comes at a time when the gap between police and the public is wide. The department has been under ...
    The Coeur d'Alene Police Department swore in Lee White as the new chief of police Tuesday. White says his first priority is to go on what he calls a "listening tour." The goal is to hear from both police and the community to bridge the gap between officers and the public. "There needs to be a tangible sense of how we expect our department members to act," Chief White said. White's swearing in comes at a time when the gap between police and the public is wide. The department has been under ...
  • Capone murder trial underway in Moscow

    Capone murder trial underway in Moscow

    Tuesday, September 2 2014 9:02 PM EDT2014-09-03 01:02:25 GMT
    MOSCOW, Idaho - The long awaited murder trial of Charles Capone began in Moscow, Idaho on Tuesday. Capone is accused of murdering his estranged ex-wife, Racheal Anderson, 4 years ago. 
    MOSCOW, Idaho - The long awaited murder trial of Charles Capone began in Moscow, Idaho on Tuesday. Capone is accused of murdering his estranged ex-wife, Racheal Anderson, 4 years ago. Anderson's body has never been found. Detectives say Capone and a friend, David Stone made a pact to kill each other's wives.
  • Neighbors concerned after fatal hit and run

    Neighbors concerned after fatal hit and run

    Tuesday, September 2 2014 7:51 PM EDT2014-09-02 23:51:37 GMT
    SPOKANE VALLEY, Wash. - A 47-year-old man died in a hit-and-run around 1:30 Tuesday morning. The man, Robert Royer, was riding his bicycle near I-90 and Park Rd in Spokane Valley when he was hit. Royer's wife described him as a loving father and friend. A neighbor of the victim, Jodi Pennington, says she's concerned about the lack of street lighting and traffic signs on the road. 
    SPOKANE VALLEY, Wash. - A 47-year-old man died in a hit-and-run around 1:30 Tuesday morning. The man, Robert Royer, was riding his bicycle near I-90 and Park Rd in Spokane Valley when he was hit. Royer's wife described him as a loving father and friend. A neighbor of the victim, Jodi Pennington, says she's concerned about the lack of street lighting and traffic signs on the road. 
Powered by WorldNow

Sports

  • Sports
  • Community

  • Community
  • Powered by WorldNow
    All content © Copyright 2000 - 2014 WorldNow and Max Media. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.