By Andrew Damstedt
The attorneys representing accused kidnapper Robert Allen Kartchner are asking the courts to throw out an interview with the police.
Kartchner”s defense attorney Rhome Zabriskie challenged Wednesday a two and a half hour interview Kartchner had with the Provo police October 16, 2003. Zabriskie said he wants the evidence dismissed because he is concerned that Kartchner is susceptible to suggestive interrogation and questioning.
“It was not offered voluntary because of the circumstances,” Zabriskie said. “I think it is critical to his defense that the judge rules fairly on those issues because certainly Mr. Kartchner is limited in his mental capacity.”
The prosecution submitted the tapes Wednesday for 4th District Court Judge Anthony Schofield to review and decide whether or not to suppress the October 16 interview, Utah County Deputy Attorney Donna Kelly said.
Kartchner”s first interview made to the police on October 10, the day he was picked up by the police, is also being challenged because he was not mirandized, Zabriskie said.
The information concerning what Kartchner said will not be released before trial.
“I had hoped it would go forward today,” Kelly said. “We have four families that are under major stress because of this. My concern is for the victim”s families.”
Schofield is scheduled to rule on the issue June 7.
Kartchner, 21, of Orem, is charged with two first degree felonies for child kidnapping, two second degree felonies for child abuse and one first degree felony for attempted child kidnapping. He is also charged with a first degree felony for attempted murder with injury.
The trial is set for July 13.