Owen acknowledged “bouncing” his chair off the wall and storming out of the office as a tactic to get Warner to talk more openly with Carter.
Warner claimed he twice requested a lawyer and was denied, and got up to leave but Owen blocked his path.
Chontos called Owen and Carter “government zealots” who would do whatever they could to elicit the answers they wanted, even putting Warner in fear for his safety.
“The factual picture that the suppression hearing paints is that Warner’s ‘will was overborne in such a way as to render his confession the product of coercion,’ ” argued Chontos, quoting a 1991 court case.
Warner was in custody and was being interrogated, meaning officials had to inform him of his rights to silence and to not incriminate himself, Chontos said.
Bloch argued Warner’s story was “not credible.”
“Near the end of the interview ... Warner acknowledged the voluntary nature of the interview when he stated to the investigators that he had answered enough questions and wanted to leave,” she said.
“In proper order, the experienced investigators posed no additional questions, permitted Warner to leave and promptly escorted Warner back to the reception area.”
Warner was not in custody and never requested a lawyer, Bloch said.
Arthur specifically concluded that Warner did not request an attorney and was not in custody during the interview.
Cruz is serving a 35-year federal prison sentence for making child porn, and then will serve 8è to 20 years in state prison for attempting to commit involuntary deviate sexual intercourse with a young girl.