Writ application denied
Hughes, J., would grant in part.
Detective Kimbrough went to the jail with a buccal swab and a waiver of rights form. The form cannot be located. She interviewed the defendant on video but his answer was inaudible as to whether he understood his rights. The transcript of the detectives testimony as to whether she knew defendant was represented by an attorney appears disingenuous. On balance, the jail house interview should be suppressed. Hughes, J., would grant in part and assigns reasons.
Genovese, J., would grant in part for reasons assigned by Hughes, J.
Griffin, J., would grant in part for reasons assigned by Hughes, J.