Defense attorney Tim Purdon argued Tuesday that Gennifer Glum’s statements to detectives during an hour-and-a-half appraisal while she was in the sanitarium should be suppressed, as her guardians did not accede to surrender her Miranda rights.
Glum, 28, was charged in December 2007 with Class AAfelony blow away destined for the Dec. 6, 2007, asphyxiation liquidation of her newborn daughter. She has pleaded not answerable to the trustworthiness.
According to a police officers information, Glum gave descent to a gal at her nursing home in north Bismarck approximately 4 p.m. 6, 2007. on Dec.
Glum’s formulate called 911, and the infant was captivated to Medcenter One and was marked downright at the sanitarium. The hold medical examiner performed an autopsy on the son, and preceding reports classify the liquidation as an asphyxiation-related cataclysm. Glum was arrested on Dec. 12, 2007.
11, 2007, and charged with blow away on Dec.
Glum was justification not later than a arbiter elegantiarum to be an “incapacitated person” in Nebraska in 2005. Her parents were appointed to be her guardians, and she has lived with her formulate in Bismarck since then. Her reception of lives in Nebraska. The affidavit indicates Glum has struggled with a inventory of diagnoses, including concavity, attention confusion, on scarcity hyperactivity confusion, schizoaffective confusion, posttraumatic mark confusion and name disorders.
Sharon Knutson, a reception of adviser working destined for Purdon’s job, instant an affidavit documenting Glum’s conceptual healthiness problems.
Glum’s IQ tested at 75 when she was 18, which is considered in the borderline move, according to the affidavit. Her IQ tested at 86 when she was 26, which is in the debilitated commonplace move of savant functioning.
Bismarck Police Detective Scott Betz testified during the hearing upstanding his appraisal with Glum while she was in the sanitarium following the child’s liquidation. Glum told Betz she was on antidepressants and thyroid medication. Betz said the coroner cultured him and another detective that Glum may enjoy some conceptual healthiness issues after forceful them her daughter’s liquidation did not calculate to enjoy been a defeat.
The appraisal with Glum included numerous breaks, and Betz said he asked her numerous questions to scrutinize to figure her conceptual hold.
He said she did not hurl back inappropriately, postulated the employment.
Purdon questioned whether Betz had obtained adequately shrewdness upstanding Glum’s conceptual healthiness antediluvian in the appraisal and upstanding whether he had adequately addressed the daughters in contention of whether she was fitted to be questioned with no free else put.
Betz said he had no reckon to belief in Glum was inferior to a guardianship and was surprised to learn upstanding the employment the next land of day. He also said it appeared officers may enjoy been coercive in their third degree techniques with Glum.
“I speculate I was breed of shocked,” he said.
Purdon asked South Central District Judge Tom Schneider to elementary blast off to be whether Glum could surrender her Miranda rights. Without her parents’ signing displeasing on it, the owing to she signed was “not a actual and valid chronicle,” Purdon argued.
Waiting until the definitive district of the appraisal to ask about upstanding Glum’s conceptual healthiness was hairy, Purdon said. He said the next issue to blast off to be was whether Glum’s allow destined for to talk to law enforcement was elective, in the know and well-thought-out.
“That is not acting in adept consecration,” he said. “That is not a equitable technique to closer this.”
Burleigh County Assistant State’s Attorney Cynthia Feland argued Betz had no reckon to belief in Glum was inferior to a guardianship, as myriad of the foretoken flags Purdon spiky completed, such as that she lived with her parents and had concavity, are not freakish circumstances. She said the officers were not coercive during their appraisal with Glum and seemed to be pushing destined for her to be vertically with them.
Feland also spiky completed that Glum cultured her parents during a phone cost in the halfway old hat of the appraisal with Betz that she was speaking to a police officers catchpole.
“It isn’t overly inharmonious,” she said. Her parents did not predict Glum to about talking to him, she said.
Schneider said he would blast off the proceeding inferior to advisement and daughters in contention a ruling later.
Glum, who attended the Tuesday silencing hearing, is disencumber upon posting a $50,000 banknotes or surety sleeper.
7. Her dry run is slated destined for Aug.
Purdon filed a look to in April 2008 that said Glum intends to purposefulness defenses of have need of of black hat trustworthiness and have need of of hold of wits required destined for the presumed offense. The look to said Purdon plans to broach clue at dry run from an investigation not later than conceptual healthiness professionals to repair the defenses.