Judge allows tape in trial of South Dakota deaf slaying
Posted: Thursday, September 14, 2006
SIOUX FALLS, S.D. (AP) -- A woman's deafness did not keep her from understanding her rights, so a videotaped police interview will be allowed as evidence in her murder and kidnapping trial, a judge ruled Wednesday.
Lawyers for Daphne Wright, 43, a deaf woman from Sioux Falls, argued during a motions hearing this week that jurors should not be allowed to see the tape.
But Circuit Judge Brad Zell ruled that police did not violate her rights during the interview or use coercion.
Wright's answers through an interpreter were consistent with the questions, she did not seem to be overwhelmed and the questioning ended when she said she wanted a lawyer, the judge said.
"When considering the totality of the circumstances, Ms. Wright's rights were not violated," Zell said.
Wright has pleaded not guilty to killing Darlene VanderGiesen, 42, another deaf woman from Sioux Falls. Investigators found VanderGiesen's legs and lower torso in the Sioux Falls landfill. The remainder of her body was found later in a ditch near Beaver Creek, Minn.
Wright told police in the videotape, shown in court, that she suspected VanderGiesen was trying to break up Wright's relationship with another woman.
Traci Smith, one of Wright's lawyers, argued that because her client has been deaf since before age 1, her understanding of the legal system is limited. She was also overwhelmed by the detective's probing of what she knew about VanderGiesen's disappearance, Smith said.
Wright is the only black deaf person living in Sioux Falls, she was unemployed, has no immediate family nearby and is dependent on other people, she said.
"Nobody took Daphne's special needs into consideration," Smith said. "The law looks at it from what the suspect feels."
The interview continued after Wright indicated she wanted a lawyer, she said.
"Daphne was not informed of her constitutional rights" and "she did not feel she was free to walk out the door" of the interrogation room, she said.
Tom Hensley, Minnehaha County deputy state's attorney, argued -- and the judge agreed -- that Wright's constitutional rights were protected.
Detective Mike Olson made clear to Wright she was free to leave at any time, he said. When Wright asked if she needed a lawyer, Olson was not obligated to call one for her but when she stated she wanted an attorney he stopped the questioning, Hensley said.
Wright was not a suspect until she started giving inconsistent answers and made herself the last known person to have seen VanderGiesen alive, he said.
"She wasn't the focus of this investigation by any stretch of the imagination," Hensley said.
Wright was arrested only after detectives learned VanderGiesen's DNA was in Wright's basement, he said.
During the interview, which lasted more than 90 minutes, Wright hardly looked overcome, Hensley said.
"In the defense expert's own opinion, she's bored," he said.
Another pretrial motions hearing is scheduled for Sept. 26 and Wright's trial starts Jan. 2.
Lawyers for Daphne Wright, 43, a deaf woman from Sioux Falls, argued during a motions hearing this week that jurors should not be allowed to see the tape.
But Circuit Judge Brad Zell ruled that police did not violate her rights during the interview or use coercion.
Wright's answers through an interpreter were consistent with the questions, she did not seem to be overwhelmed and the questioning ended when she said she wanted a lawyer, the judge said.
"When considering the totality of the circumstances, Ms. Wright's rights were not violated," Zell said.
Wright has pleaded not guilty to killing Darlene VanderGiesen, 42, another deaf woman from Sioux Falls. Investigators found VanderGiesen's legs and lower torso in the Sioux Falls landfill. The remainder of her body was found later in a ditch near Beaver Creek, Minn.
Wright told police in the videotape, shown in court, that she suspected VanderGiesen was trying to break up Wright's relationship with another woman.
Traci Smith, one of Wright's lawyers, argued that because her client has been deaf since before age 1, her understanding of the legal system is limited. She was also overwhelmed by the detective's probing of what she knew about VanderGiesen's disappearance, Smith said.
Wright is the only black deaf person living in Sioux Falls, she was unemployed, has no immediate family nearby and is dependent on other people, she said.
"Nobody took Daphne's special needs into consideration," Smith said. "The law looks at it from what the suspect feels."
The interview continued after Wright indicated she wanted a lawyer, she said.
"Daphne was not informed of her constitutional rights" and "she did not feel she was free to walk out the door" of the interrogation room, she said.
Tom Hensley, Minnehaha County deputy state's attorney, argued -- and the judge agreed -- that Wright's constitutional rights were protected.
Detective Mike Olson made clear to Wright she was free to leave at any time, he said. When Wright asked if she needed a lawyer, Olson was not obligated to call one for her but when she stated she wanted an attorney he stopped the questioning, Hensley said.
Wright was not a suspect until she started giving inconsistent answers and made herself the last known person to have seen VanderGiesen alive, he said.
"She wasn't the focus of this investigation by any stretch of the imagination," Hensley said.
Wright was arrested only after detectives learned VanderGiesen's DNA was in Wright's basement, he said.
During the interview, which lasted more than 90 minutes, Wright hardly looked overcome, Hensley said.
"In the defense expert's own opinion, she's bored," he said.
Another pretrial motions hearing is scheduled for Sept. 26 and Wright's trial starts Jan. 2.
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