Gail Gerlach’s Defense Asks Judge To Suppress Statements To Poli - ABC FOX MONTANA NEWS, WEATHER, SPORTS - KTMF/KWYB

Gail Gerlach’s Defense Asks Judge To Suppress Statements To Police At Trial

Posted: Updated:
  • Related LinksMore>>

  • Gerlach / Kaluza-Graham Shooting Coverage

    Gerlach / Kaluza-Graham Shooting Coverage

    Follow the latest developments on the March 2013 shooting of Brendon Kaluza-Graham.
    Follow the latest developments on the fatal shooting of Brendon Kaluza-Graham. 25-year-old Brendon Kaluza-Graham was shot by Gail Gerlach in March of 2013 as Kaluza-Graham was driving away in Gerlach's SUV. Gerlach says Kaluza-Graham was stealing the vehicle and he thought he saw the suspected car thief with gun.

Gail Gerlach was back in a Spokane County Courtroom Friday afternoon for a three and a half hour hearing regarding two matters: suppressing statements he made to police made on the day he shot and killed Brendan Kaluza-Graham, 25, and compelling discovery from prosecutors.

The morning of March 25th, Gerlach left his SUV warming up in the driveway of his NE Spokane home. He came back out to find someone had jumped in and was backing it down the driveway. As the man inside (later identified as Kaluza-Graham) was driving away, Gerlach says he thought he saw the man pull a gun and believed his life was in danger. He fired one shot that killed Kaluza-Graham and the SUV crashed into a garage two blocks away.

The defense says Gerlach was questioned by police that day without being read his Miranda rights and that police have "incorrectly paraphrased" what he said in some instances. Gerlach's defense lawyer, Richard Lee, wrote in the court motion, "Instead of being given his Miranda Rights; he was given what amounts to Miranda Wrongs."

Prosecutors argue Gerlach spoke with police freely and was never forced or coerced into answering questions. Beyond that, they argue, he was never entitled to his Miranda rights because he was never arrested.

During the hearing Friday, the state called four Spokane Police Officers who responded to the shooting and either spoke with Gerlach or accompanied officers who did. Each officer is at least an 18-year veteran with the department.

Gerlach maintained Officer Tyler Cordis told him, "If it happened like you said it did, you have nothing to worry about." However, when on the stand, Cordis said he didn't remember making such a statement.

Gerlach also said Officer Kris Honaker said, "I'm a gun guy too and you should probably talk to an attorney… It would be worth the expense."

However, Gerlach's team said he was never told how to get one or that a lawyer would be provided to him if he couldn't afford one, and that he wasn't read his rights until he was taken down to the detective office after speaking with police at the scene.

Judge Annette Plese will have to decide whether the jury will hear Gerlach's statements to police. Gerlach has pleaded not guilty to first-degree manslaughter and in court Friday his trial date was moved back from December to March 31st.

Brendan Kaluza-Graham's grandparents also sat in court during the hearing and told KHQ's Kelsey Watts "we're just here to stand for Brendan" and that they are "disappointed" with the decision to delay trial.

 

  • Top Stories from KHQTop StoriesMore>>

  • Wash. man arrested for fatally shooting dog

    Wash. man arrested for fatally shooting dog

    Tuesday, September 16 2014 9:53 AM EDT2014-09-16 13:53:50 GMT
    BELLINGHAM, Wash. (AP) - Authorities say a Bellingham man fed up with barking fatally shot his neighbor's dog in front of her. But the 13-old-month corgi was not the barking dog. KIRO News reports that 55-year-old David William Latham faces charges of felony animal cruelty and other gun charges.
    BELLINGHAM, Wash. (AP) - Authorities say a Bellingham man fed up with barking fatally shot his neighbor's dog in front of her. But the 13-old-month corgi was not the barking dog. KIRO News reports that 55-year-old David William Latham faces charges of felony animal cruelty and other gun charges.
  • First date ends with man dead, woman hospitalized

    First date ends with man dead, woman hospitalized

    Tuesday, September 16 2014 9:44 AM EDT2014-09-16 13:44:21 GMT
    TACOMA, Wash. (AP) - Pierce County sheriff's detectives know this much: a first date ended with a Gig Harbor, Washington, man dead and his date hospitalized in critical condition.The News Tribune reports that investigators think the 47-year-old Port Orchard woman ran over her date, then crashed his truck 15 feet down an embankment.
    TACOMA, Wash. (AP) - Pierce County sheriff's detectives know this much: a first date ended with a Gig Harbor, Washington, man dead and his date hospitalized in critical condition.The News Tribune reports that investigators think the 47-year-old Port Orchard woman ran over her date, then crashed his truck 15 feet down an embankment.
  • Police search for attackers after stabbing

    Police search for attackers after stabbing

    Tuesday, September 16 2014 2:38 AM EDT2014-09-16 06:38:49 GMT
    Spokane Police are searching for two suspects after a man walked into an American Medical Response building with stab wounds.It started when a couple were walking near North Madison Street and West Sharpe Avenue with a bike and suitcase Monday night. Two other people approached and tried to steal the belongings. A fight broke out and one of the attackers stabbed the male victim in the back. Both attackers fled with the bike and suitcase.Two bystanders heard the commotion near by and helped tr...
    Spokane Police are searching for two suspects after a man walked into an American Medical Response building with stab wounds.It started when a couple were walking near North Madison Street and West Sharpe Avenue with a bike and suitcase Monday night. Two other people approached and tried to steal the belongings. A fight broke out and one of the attackers stabbed the male victim in the back. Both attackers fled with the bike and suitcase.Two bystanders heard the commotion near by and helped tr...
Powered by WorldNow

Features

  • More Features
  • Powered by WorldNow
    All content © Copyright 2000 - 2014 WorldNow and Cowles Montana Media. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.