A 13-year-old boy who was interviewed at length by a police officer was incapable of knowingly giving up his right to maintain silence, a Snohomish County Superior Court judge ruled Friday in Juvenile Court.
Judge Ronald Castleberry suppressed incriminating statements gathered during a police interview in January.
The boy was charged in July with first-degree child molestation in connection with alleged improper touching of a 3-year-old girl who was staying with the boy’s family in summer 2002.
The boy, now 14, is scheduled for trial in December in Juvenile Court. Deputy prosecutor John Stansell said the case will go forward despite Castleberry’s ruling.
The boy’s defense attorney, Michael Andrews of Everett, brought in two expert witnesses to testify that the boy was incapable of fully appreciating his rights, and that he may have been intimidated by being alone in a room with the detective.
The detective interviewed him for more than two hours with no other adults present, and the boy’s family was not notified. Under state law, police legally can question children 12 and older when they are alone.
The boy’s father, The Rev. Paul Stoot of Everett, launched a campaign Thursday to change the law to require parental notification when police want to interview young people.
Andrews said Castleberry ruled that the boy didn’t have the capacity to intelligently waive his right to remain silent. He also ruled that the atmosphere surrounding the interview was intimidating, and therefore the boy’s statement was involuntary.
Stoot, pastor of Greater Trinity Missionary Baptist Church, said he believes his son is innocent, and the ruling may help other children in similar situations.
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