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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. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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