IN THe CIRCUIT COURT IN AND FOR PO~K COUNTY, FLORIDA

STATE OF FLORIDA

Plaintiff,

vs.

CASE NO. CF84-2365

DOUGLAS EARL DAVIS,

>II.ED AND RECO;l,< ;,

BOOK ? fr," -.--

Defendant.

MOTION TO SUPPRF.:SS STATEMENTS i_Ci ~--.-----'-

COMES NOW the Defendant, DOUGLAS EARL DAVIS, by and through his undersigned attorneys, and moves this Honorable Court to suppress for use as evidence, in any trial of

the above styled causa, that certain statement Or confession given William McCallister on July B, 1984, and that certain statement or confession given Robert Parnell, and others, immediately following the statement given Mccallister

and thereupon DOUGLAS EARL DAVIS says:

1. That DOUGLAS EARL DAVIS agreed, after pressu~e from experienced police officers, and without benefit

of advice of counsel, to submit to a polygraph examination. 2. That will iam McCallister, Deputy Shedff, Polk County Sheriff's Office, was designated to administer

such polygraph examination.

3. That on July 8, 1984, Deputy Sheriff McCallister was an experienced police officer of vast experience in the field of psychological persuasion and coercion with

a great number of interrogations as part of his experience.

4. That on July 8, 1984, DOUGLAS EARl DAVIS was

an 18 year old youth of questionable education, marginal mental capacities (compared to the norm) possible physical brain damage, subject to intervals of insanity within

the parameters of the McNaghten Rule, totally out of his element, ~ith no prior experience with the police and

in threatening surroundings. He had been the subject

of hours of interrogation preceding his questioning by Mr. McCallister, was tired, frightened and hungry. He

had been repeatedly accused of having committed the double capital crime of two (2) murders, ~hich he steadfastly denied, had not consulted counsel and had not the intellect to waive such consultation. His family was indigent and had no funds ~ith which to retain counsel had that thought occurred to them.

5. That Deputy Sheriff McCallister exerted psychological

coercion and exerted improper and undue influence on the Defendant's mind throughout the six (6) polygraph tests he administered, lasting for more than three hours, by telling the Defendant:

(a) that ~verybody is upset and nervous about coming to a polygraph'

(b) by suggesting that when a person lies~e feels butterflies in his stomach, his heart speeds up and his palms sweat"

(c) that ~verybody has a fear of being caught and a fear

of being punished"

(d) by using the confusing description of a polygraph as a ~eighing yourself against yourself"

(e) by reminding the Defendant of his feelings when he was a child and lied to his parents or to a teacher and would be beaten for having done so

(f) by telling the Defendant that he was not going to ask him about any prior crimes or drug usage and then

by structuring the polygraph questions to include questions about prior crimes and drug usage

(g) by telling the Defendant that the polygraph machine was one used by ~he United States Army and the Federal Government" and was highly reliable

(h) by telling the Defendant that he was"going to worry during the test, and that he would be unable to relax ,and that there was nothing he could do about it"

(i) by telling the Defendant that he (Deputy Sheriff McCallister) ~as going to know when the Defendant was lying to him

(j) by constantly adjusting the pressure cuffs of the polygraph while repeatedly giving the Defendant directions to ~it as perfectly still as he had ever sat in his life, to keep his feet flat on the floor, to position his hands in a certain way, to move closer to the machine, to look straight ahead, to open his eyes, to close his eyes and

to concentrate on honesty and integrity·

(k) by telling the Defendant that he (Deputy Sheriff McCallister) could tell when his heart beat speeded up, 'ven when he was telling the truth,and that it was just nerves probably·

(1) by telling the Defendant that the polygraph test indicated that he had lied and that he (Deputy Sheriff McCalliBte~) had knD~n before he gave the Defendant the test th~t he couldn't pass it, but that he ~anted to give it to be fair to him

(m) by telling the Defendant that he structured the questions riLED AND RECo,'nX.[)

800K. G,'.(,::: .•.••• -

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[. D. "DUD" DIXON, r;lprk

Dn the pDlygraph and administered the excessive number of tests "fDr the Defendant's benefit"

(n) by telling the Defendant that hp was "messing with the test" by holding his breath,and thut that was why

he had to administer so many tests, and that the Defendant was attempting tD"destroy his charts~ but that he (Deputy Sheriff MCCallister) just "let that ride" and didn't mention it on the tape, when he usually just stopped the test

when people were trying to defeat it

(0) by telling the Defendant that he (Deputy Sheriff McCallister) knew the Defendant was involved and that he needed to go ahead and 'square it away", by telling

the Defendant that "it must really be bDthering you because I can 10Dk at your eyes ••• YDU look Dn the edge and it's really bugging you .... I'll just do whatever I can that's

in your benefit. r'm not here to scream at you, I'm nDt here to hurt you. If I can help YDU in any way, that's what I'm here for, okay. You've told me a lot of stuff

in confidence, and YDU know I'll hand it to you, you've

got a problem and you're going to have to get it squared away.", thereby deluding the Defendant's mind as to Deputy Sheriff McCallister's true purposes in the inter.rogation (p) by telling the Defendant that 'we all make mistakes", deluding the Defendant'a mind as to his true position of being a suspect to capital murder, as opposed to one who has just "made a mistake"

(q) by tricking the Defendant by telling the Defendant that he had not told the investigators about seeing a truck with a black male in it at the murder scene when,

In fact, the Defendant had told the investigators of seeing the truck and the black male, all of which is reflected

in the police reports, and by telling the Defendant that the police"had the evidence on him"

(r) by cursing the Defendant,by repeatedly telling the Defendant that he committed the crimes and was lying, by immediatley thereafter interspersing comments tD the effect that he liked the Defendant, that the Defendant was a nice guy and had cDDperated with him and that he had not given him any trouble, that he wanted to clear

him "something bad", immediately followed by the statements "you've got to tell me son. You've got to tell me who

did it. You are on the edge, you've got to tell me.

You can't stop now. For God's sake don't get yourself

in this kind of trouble!", immediately followed by telling rurn ,\ND RECOiIDi)1

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E. O. "BUD" DIXON, Clerk

the De f endan t tha t "i f he cou l d n ' t produce the kill er" then

it was the Defendant who did it, and that"the~e wa~ no

other way' thereby, by the sheer strength of his (Deputy Sheriff McCallister's) will, attempting to ~ecure a confession from the Defendant

(s) by impliedly threatening the Defendant by aaking

him what he thought ought to happen to the killer followed by a comment ·people say let me get my hands on him, and I'll show you what to do to him."

(tl by suggesting to the Defendant that because he at

one time used drugs. he probably suffered from flash backs and did things that he didn't mean to do, and for which

he didn't think he was responsible, and that if this were the case, that it was possible that the Defendant committpd the crime and was not really sure that he did it

(u) by telling the Defendant at the beginning of the inte~view that the victims were killed by a blow to the head

(v) by telling the Defendant that he had to think of

his wife and baby, that people are not blamed for "accidentSo·, that he probably needed psychiatric help

(w) by totally leading the Defendant through a 'confession" by asking questions that contained all the essential elements of the testimony, to wit:

1). That the Defendant would tell the captain and the investigato~s that he was involved and he did it

2). that he got in his car and left because he was scared J). that he remembered hitting the woman in the back

of the head, but that it wasn't that clea~ to him

4). that he hit the little boy because he saw him

hit his mother and he was afraid th~t the little boy would tell someone

5), that he used a blunt object, a piece of wood from the lumber ya~d as a weapon

6). that he hit the woman in the back of the head

6. That Deputy Sheriff McCallister secU~0d a "confession" from the Defenant by virtue of numerous p~omi8eB, to wit:

a. by telling the Defendant that~e would do whatever he could that was in his benefit"

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t, D. "QUD" DIXml, Clp.ri(

I I

i

·v"';).·

tf

b. by telling the Defendant "I'll get you some help. But, for me to get you some help, you're going to have to be honest with me."

c. by aSKing the Defendant prior to the confession if he did not think it would be a good time now to talk

to a psychiatrist or psychologist

d. by telling the Defendant that if he told the captain and the investigators that he did it, he was sure they would try to get him help

e. by telling the Defendant that he didn't want him to go to jail, and that if he would cooperate they vou Ld get him a ps ych i e t rn t • a doctor or a PHD.

f. by telling the Defendant that "if a person is arrested, it doesn't mean you can atay in jail"

g. by telling the Defendant "you're doing the right thing, you're telling me dammit, and I'm going to help you any way I can."

7. That notwithstanding there were no truly overt threats or promises made against or to the Defendant during the interview by Parnell and others, such interview took place in the same surroundings used by McCallister and

was an extension of McCallister's inte~vie~ with Mccallister present. with no intervening time nor circumstances to

break the stream of events and to negate the coercive influences that produced the earlier statement.

8. That Parnell's interview was predicated upon McCallister's interview and was tainted dnd contaminated by the acts of McCallister during the time immediately

'/.'

preceeding,

9. That prior to the first polygraph being administe to the Defendant. the Defendant expressed reservations

about the test and Deputy Sheriff Mccallister told him

not to be "concerned with that right now,·, that prior

to the second polygraph, the Defendant told Deputy Sheriff McCallister that he didn't want to continue with the polygra and that"he would probably get back 80me other time~ to which Deputy Sheriff Mccallister replied "That would be

fine with me,P but continued with the testing, thbt prior to the fifth polygraph being administered, the Defendant said "no, I c;,n't do no more on.", and Deputy Sheriff McCallister promised the Defendant "if he would take just

one more, he wouldn't have to come back( that prior to

the sixth polygraph being administered, and prior to the··tonfession" the Defendant again told Deputy Sheriff Mccallister that he didn I t think he could takeqj'[letMh:~;~t>-.C,

BO~)IL __ --PP.G.E.-.--

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I:. D. "DUD" OI)(ON, CL'I ,

polygraph, wh~eupon Deputy Sheriff MCCallister told the Defendant that ~e would not want to do anything that would nat make him do well on the tests"and continued to test the Defendant.

WHEREFORE, DOUGLAS EARL DAVIS, prays this Honorable Court suppress for use as evidence, in any trial of the above styled cause, that certain statment or confession giVen william McCallister on July 8, 1984, and that certain statement or confession given Robert Parnett, and ethers, immediately following the statement given McCallister

and for grounds says:

1. Th.\L the statements or confessions sought to

be suppressed were attained as a result of promises and/or coercion by the interrogating officers.

2. That such statements or confessions were secured in such a manner as to deprive the Defendant of the rights guaranteed him under the Vth, Vlth and XIVth AmeridmentB

to the U. S. Co n a t i, tution and Sect 10n:5 2, 9, 16, 21 and

23, ArUcle I, DeclilJ:al:ion of Rights of the Constitution of the State of ~lorida.

3. That Defendant did not intelligently waive Buch rights and that efforts by the Defendant to terminate the interviews were ignored.

"fS..,

-J.~ day of. DecembeJ:, A. D., 1984.

226 33830

1Jid1&&£ j(/. ~0t{, __ .

MARGOT w. OSBORNE

Post Office Oox 799 Bartow, Florida 33830 Co-Counsel for Defend0n~ 813-533-8947

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and corceet copy of the above and foregoing has been furnished to Honorable

Pickard, Assistant State Attorney, Po~)~fice Florida 33830, by U. S. Ma i 1, this ~day 1984.

BartOI-!,

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