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08 SEP 16 PH 4: 03
Kl',G COUNTY
SlHi\iOR COUH i CLERK
(.;:, TTl r; ""
",-tot LL. rt;-\
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IN THE SUPERlOR COURT OF THE STATE OF WASHINGTON
6 IN AND FOR THE COUNTY OF KING
SEATTLE DIVISION
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8 Case Nq.: 06-1-03230-2 SEA

STATE OF WASHINGTON,
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Plaintiff, EFENDANT'S MOTION TO SUPPRESS
STATEMENTS PURSUANT TO CRIMINAL
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vs. ULE3.5
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MARK W. RATHBUN,
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Defendant.
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MOTION
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COMES NOW the defendant, Mark W. Rathbnn, by and through his attorneys, Micheline
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Murphy and EvgeniyaD. Mordekhova, and moves for an order suppressing statements obtained
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from Mr. Rathbnn as a result of police interrogation in violation of Mr. Rathbnn's Fifth
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Amendment and Six Amendment rights.
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DATED this 15th Day of September 2008.
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By:
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DEFENSE MOTIONS - 1 ORIGINAL Northwest Defenders Association

900 Fourth Avenue, Ste 3700
Seatcie, WA 98164
(206)674-4700
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1 STATEMENT OF FACTS
2 The defense is filing its brief prior to receiving the state's motion to admit the statements.
3 Since, as of the time of the filing ofthis brief that state has not notified the defense as to the
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specific statements it will seek to admit, it seems impractical to layout all the facts of this case,
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since the investigation of this matter lasted for several years. If the court needs more information
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regarding the defense view of the facts pertaining to the admissibility of Mr. Rathbun's
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statements, the defense will respectfully propose that counsel will file addendum to this brief,
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containing more specific facts pertinent to the issue, once the state's brief outlining the specific
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statements is received.
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The defense anticipates that the state will seek to introduce statements made by Mr. Rathbun
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12 to the Detective Kriscovic and Detective Collette during the interview on November 10tl1 and

13 11th, 2002. Mr. Rathbun was arrested on November 10'\ 2002 in California. At the time of the

14 second interview, that was tape-recorded and transcribed, Mr. Rathbun was in custody and was

15 questioned by the detectives in relation to the numerous rapes and burglaries, allegedly
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committed by Mr. Rathbun. The transcript makes reference to the advisement of rights, allegedly
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provided to MT. Rathbun by Detectives Turley and Bums.
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STATEMENT OF LAW
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Miranda rights are critical in this criminal justice system, in order to ensure that suspects are
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not compelled by state agent to give incriminating statements against themselves. The United
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States Court stated:
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DEFENSE MOTIONS - 2 Northwest Defenders Association

900 Fourth Avenue, 810 3700
Seattle, WA 98164
(206)674-4700