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Court upholds suppression of mentally ill man’s confession

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Citing an inadequate Miranda warning and the mental illness a murder suspect has, the Indiana Court of Appeals affirmed the grant of the defendant’s motion to suppress confessions that he murdered two women. 

Indianapolis Police detective Michael Mitchell went to the New Castle Correctional Facility to interview DeAngelo Banks regarding a lead on DNA evidence. Mitchell was unaware that Banks has schizo affective disorder, that he was medicated at the time, and that, per a psychologist’s testimony, Banks had been “out of it” during that period he was interviewed.

Mitchell gave Banks a Miranda warning that did not clearly explain when Banks could request an attorney, and Banks agreed to talk. He confessed to killing two women in Indianapolis. He said he was under the influence of drugs and he’s been psychologically tormented.

Based on his testimony, the state charged Banks with murder in two separate cases. He filed a motion to suppress, which the trial court granted.

“Here, the trial court considered the evidence presented of Banks’s mental illness, heard Banks’s own testimony and came to the conclusion that his statement was not voluntary, and under our standard of review, we are bound to give this determination deference,” Judge Elaine Brown wrote in State of Indiana v. DeAngelo Banks, 49A02-1303-CR-235.

“We are therefore confronted with an inadequate Miranda warning to an undeniably and seriously mentally ill suspect who was in the area of the Newcastle Correctional Facility where the mentally ill are housed apart from the general prison population, who was involuntarily medicated at the time and in restraints even during the interrogation at issue. Yet, despite these compelling and compromising facts and circumstances, the State chose to interview Banks, and secured the confession we now review.

“There is substantial evidence supporting the trial court’s decision, and its decision is not contrary to law. Given our deferential standard of review, we affirm the trial court’s determination that Banks’s confession should be suppressed,” she wrote.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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