M. HAMLEN, ESQ. ATTORNEY FOR THE DEFENDANT
MOTION TO SUPPRESS
COMES Defendant, Mr. Clifford Richardson, by and
through counsel Devens M. Hamlen of The H&H LawCenter,
and requests that this Honorable Court suppress any
statements Mr. Richardson made during the custodial
interrogation in Officer Phillip Jones's cruiser as well
as at the Bridgton Police Department because those statements
were obtained in violation of Mr. Morse's rights under
Article 1, Sections 6 and 6-A of the Maine State Constitution
and Fifth, Sixth, and Fourteenth Amendments to the United
grounds for this Motion, Mr. Richardson respectfully states:
State had charged Mr. Morse with one Class B Felony of
Unlawful Sexual Contact and one Class D Misdemeanor of
Unlawful Sexual Touching.
According to discovery provided by the State, the following
events, relative to this Motion, happened between October 1
and October 31, 2016:
October 31, 2016, Officer Phillip Jones went to the
Richardson's house to talk to Richardson's about
allegations made by K.D. Officer Jones told Mr. Richardson
that he was not under arrest and they agreed to talk inside
Mr. Richardson's home. Mrs. Richardson along with the
Richardson's daughter and grandchildren were present in
the home. There were also a number of the Richardson's
dogs in the house.
Officer Jones explained that he was "used" to
people being nervous and that, due to
"distractions" is was sometimes "easier"
to talk alone with individuals. Officer Jones asked to talk
to Mr. Richardson outside and alone.
outside, Officer Jones asked Mr. Richardson why he thought
the police were at the house. Mr. Richardson explained that
he had received some text message regarding K.D.s
allegations; he emphatically denied having any sexual contact
Officer Jones indicated in his police report that at that
point, he offered to talk to Mr. Richardson in his cruiser
because it started to rain. He also reports that he again
told Mr. Richardson that he was not under arrest.
However, the recorded interview does not comport with this
report. In the recording, Mr. Richardson again emphasized
that he felt very nervous. More specifically, as Mr.
Richardson is explaining the Richardson's relationship
with K.D. he states:
Mr. Richardson: From what I understand, she's had a
pretty rough time at home with neglect. . . not. . . (eh)
don't get me wrong . . . she's not. . . not in a way
that she's in harm.
Officer Jones: Right. . .
Mr. Richardson: I mean . . . What I ... I'm sorry,
I'm so nervous
Officer Jones: Have a seat. . .come over here . . .
you're not in trouble but let's just sit and relax a
point, Mr. Richardson and Officer Jones got into the police
Officer Jones begins by asking about the babysitting
arrangements with K.D., how often she was over at the house,
and how the Richardson's viewed and treated K.D. Mr.
Richardson explained that he and his wife basically treated
K.D. as a their own grandchild and treated her with love
because they felt as if she was not getting loved at home.
the interview goes on, Officer Jones talked about people
being nervous when he interviews them. About a third of the
way through the interview, Mr. Richardson tells Officer Jones
that he is "scared to death." Officer Jones tells
Mr. Richardson that if he did nothing wrong, "there is
nothing to worry about."
Officer Jones explained to Mr. Richardson that there was a
forensic interview with K.D. He goes on to say that some of
K.D.s clothes were analyzed (it is unclear by who) for
mitochondrial DNA. He explained that skin cells go
then touched the dashboard of his cruiser and suggested that
his (Officer Jones's) DNA was now on the dashboard.
Officer Jones goes on to explain how the State, forensically,
can find someone's DNA on clothing, outside of underpants
or even inside underpants. He concludes this part of the
interview by telling Mr. Richardson that he had reviewed all
of the reports before he came to his house. As it turns out,
the State never tested K.D.'s clothing for DNA nor were
there any reports regarding DNA.
Officer Jones then explains how important it was for Mr.
Richardson to tell the truth and that he knew most of the
answers to the questions he was asking; he also explains that
he saw some inconsistencies between his investigation and
what Mr. Richardson was saying. Mr. Richardson continued to
deny that any sexual contact had occurred.
Towards the end of the interview, Officer Jones states that
Mr. Richardson's denials were getting harder to believe.
The interview goes on as follows:
Mr. Richardson: So, I'm going to jail
Officer Jones: No, I didn't say that... If I thought that
you needed to go to jail right now, I'd grab my
handcuffs, put them on you, and we'd drive to jail.
Officer Jones then explains that he wanted to get to the
truth and wanted an open an honest conversation and once that
happens "we can think about our options." He tells
Mr. Richardson that the "lie is worst part." Mr.
Richardson again denies doing anything to K.D.
They then discuss K.D. wearing a dress the last time she was
over at the house. Mr. Richardson explains at one point,
K.D.'s dress accidentally went up and he pulled her dress
down. He explains that any contact was inadvertent as he
pulled her dress back down. They then have a discussion about
pornography. Mr. Richardson emphatically denies showing any
pornography to K.D. As Officer Jones continues to express
disbelief in Mr. Richardson's statements, Mr. Richardson
says, in resignation, "o.k., I'm sunk."
After some more strong denials, Officer Jones appears to
change tactics. He explains to Mr. Richardson that, after
interviews such as this one, people tend to go far away or
are so depressed that they hurt themselves. Mr. Richardson
responds that he has nothing to hide and that he has no
intention of hurting himself.
Sensing that Officer Jones was referring to jailing Mr.
Richardson, Mr. Richardson responds by saying, "but what
you are" saying is that I am looking at jail ...