Gail Gerlach’s Defense Asks Judge To Suppress Statements To Poli - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

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

Posted: Updated:
  • Gail Gerlach’s Defense Asks Judge To Suppress Statements To Police At TrialMore>>

  • Gerlach / Kaluza-Graham Shooting Coverage

    Gerlach / Kaluza-Graham Shooting Coverage

    Follow the latest developments on the March 2013 shooting of Brendon Kaluza-Graham.
    More >>
    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.More >>

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>>

  • 2-year-old hit by car, hospitalized

    2-year-old hit by car, hospitalized

    Saturday, August 30 2014 1:45 PM EDT2014-08-30 17:45:12 GMT
    KAMIAH, Idaho - Idaho State Police arrested a 38-year-old woman for driving intoxicated and hitting a 2-year-old with her car in the town of Kamiah Friday night. Police responded to the crash scene at 9:21. ISP said Sarkisian G. Farnham was driving north on Hill Street near the Kamiah High School. More >>
    KAMIAH, Idaho - Idaho State Police arrested a 38-year-old woman for driving intoxicated and hitting a 2-year-old with her car in the town of Kamiah Friday night. Police responded to the crash scene at 9:21. ISP said Sarkisian G. Farnham was driving north on Hill Street near the Kamiah High School. More >>
  • Fire damages South Hill home

    Fire damages South Hill home

    Saturday, August 30 2014 11:30 AM EDT2014-08-30 15:30:10 GMT
    SPOKANE, Wash. - Three people and a family dog managed to escape a fire that burned the outside of a home on the South Hill early Friday morning. Firefighters responded to the two-and-a-half story home on South Lincoln at 3:30. They arrived to find flames and fire visible on the outside of the house. One firefighters slipped and injured his shoulder.More >>
    SPOKANE, Wash. - Three people and a family dog managed to escape a fire that burned the outside of a home on the South Hill early Friday morning. Firefighters responded to the two-and-a-half story home on South Lincoln at 3:30. They arrived to find flames and fire visible on the outside of the house. One firefighters slipped and injured his shoulder.More >>
  • Suspected gunman manages to elude police after hospital lockdown

    Suspected gunman manages to elude police after hospital lockdown

    Saturday, August 30 2014 2:13 AM EDT2014-08-30 06:13:33 GMT
    SPOKANE, Wash.- A suspected gunman managed to elude police Friday night after a chase that took officers from the Rite Aid on N. Division to Holy Family Hospital on E. Rowan. It all started around 7:30pm Friday night, when police say a man was seen trying to steal items from the Rite Aid.More >>
    SPOKANE, Wash.- A suspected gunman managed to elude police Friday night after a chase that took officers from the Rite Aid on N. Division to Holy Family Hospital on E. Rowan. It all started around 7:30pm Friday night, when police say a man was seen trying to steal items from the Rite Aid. More >>
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and KHQ. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service.