A judge declined to throw out a police interview with triple-murder suspect Roy Murry after his attorneys argued that Murry was in custody during the interview but was not read his Miranda rights.
Prosecutor Larry Haskell said the interview took place in a conference room inside the Public Safety Building and that Murry was told that he could leave at any time and didn’t have to speak to detectives. There was also a break during the interview, during which Murry went unescorted to use the bathroom.
Detective Kirk Keyser testified in court Friday that the interview was conversational and he was just trying to get information from Murry about who he had reportedly been camping with at the time of the murders of his estranged wife’s parents and brother. Keyser said during the interview Murry contradicted information he had told police earlier and Keyser decided to arrest him. After Murry was arrested he was read his Miranda rights and he requested an attorney.
Judge John Cooney said Murry went to the interview willingly, even volunteering to drive from Lewiston to Spokane to do it. “He wasn’t restrained in any way,” Cooney said. “He appeared somewhat eager to talk to Detective Keyser.”
The interview, which was recorded on video, was not confrontational or intimidating, Cooney said. “It was not a custodial interrogation,” he said. “Therefore, Miranda does not apply.”
Murry’s trial on three counts of murder, one count of attempted murder and one count of arson is currently scheduled for Nov. 7.
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