Spokane7
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July 27, 2011 in City
Judge questions FBI procedures
Cause for arrest, Miranda rights kept from Harpham for hours
Harpham
(Full-size photo)
An FBI plan to not tell domestic terrorism suspect Kevin W. Harpham why he was arrested has raised the ire of the federal judge presiding over the case of the Stevens County man who is charged with leaving a bomb along the planned route of the Martin Luther King Jr. Unity March.
According to documents released Tuesday, U.S. District Court Judge Justin Quackenbush expressed his “concerns as to the several hour delay in advising Kevin Harpham of the reasons for his arrest after taking him into custody and also the failure to give the defendant Miranda warnings during that several hour period.”
However, Harpham made no confession or direct admission of guilt during that time. Had he, Quackenbush indicated that he would have not allowed federal prosecutors to use those statements at the trial scheduled for Aug. 22.
Harpham faces several felony charges, including attempting to use a weapon of mass destruction and targeting minorities at the Jan. 17 march in downtown Spokane. At a hearing last Thursday, prosecutors revealed that Harpham took photographs of himself at the march, as well as photos of black children and a Jewish man wearing a yarmulke.
Later during the same hearing, Quackenbush closed the courtroom and attorneys called two agents from the Federal Bureau of Investigation to testify about the first few hours after agents arrested Harpham, 37, on March 9. Court testimony indicated that agents did not give Harpham his Miranda warnings, including his right to remain silent.
During that closed hearing, according to court records, Quackenbush “discussed with counsel what appears to be” a violation of criminal procedure.
FBI special agent Joseph Cleary explained that agents had planned not to give Harpham his Miranda warnings or tell him why he was arrested as a ploy to gain Harpham’s trust and potentially elicit a statement or confession from him.
However, about an hour after his 8:45 a.m. arrest, Harpham asked the federal agents how long they had “known” him. The record does not reflect what was said.
Sometime after they arrived at the Stevens County Sheriff’s Office at about 10 a.m., the agents taped a 10-minute conversation with Harpham without providing his Miranda warnings.
Harpham asked the recording to stop at about 11 a.m. and agents finally gave him the Miranda warnings. Harpham then gave a statement.
Quackenbush ordered attorneys for both sides to provide legal arguments about why he should allow or deny a jury to hear Harpham’s statement about how long agents had known him, as well as the statement Harpham made after receiving his Miranda warnings.
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Orphan on July 27 at 9:04 a.m.
So the FBI conspired to withhold this nut jobs rights and due process. By doing so they endangered the peoples case against Harpham. It appears that we have criminals chasing criminals, what a joke law enforcement has become all over this country.
This may be news to law enforcement but you dont get to make up the rules as you go nor are you exempt from our laws. If you have to cimmit criminal acts to catch criminals then you are no better than the criminal.
I am sincerely sorry for the good honest Cops that are out there, bad apples like this are a blight on what was an honorable calling.
Kivaari on July 27 at 9:25 a.m.
The FBI runs its own show. They violate rights all the time. Just yesterday you see two Spokane cases where agents screwed up. This domestic terrorism case and the Hells Angels search warrant.
WA has tougher search and seizure laws then the FBI follows. They don’t have to follow WA law. But in both cases it appears they violated both US law and WA law. This is a command failure at FBI. The next time there is a case of suspected police abuse in Spokane, who you going to call, the all perfect FBI? Never trust the FBI-feds in general.
Orphan on July 27 at 1:23 p.m.
Kivaari Unfortunatly I have to agree with you the moment the FBI or anyother LEA knowingly violate someones rights they have commited a criminal act and at that moment become criminals themselves. This is why I dont talk to Cops you dont know who to trust anymore. LE has lost the publics respect in general and that is a sad thing.
Teseract on July 27 at 8:19 p.m.
Ask any defense attorney, the first rule of dealing with the police is to not talk to the police. The only items you’re required to give are your name and your address. Other than that request your attorney and keep your mouth shut.
No matter how innocent you are your words can be twisted, and *will* be twisted, to suit the police and the prosecutor’s goal of a conviction.