A hearing to determine of the defense will get their way in suppressing some statements in the case against 19-year-old Brandon Cousins is still on hold. The hearing in the matter was scheduled for Monday, but has been pushed back to April 28.
Cousins is charged with five off-grid felonies that could see him get life sentences on each count with no chance of parole for 25-years.
The defense want the alleged confession made by the defendant during an interview by law enforcement suppressed, saying the statements were not given voluntarily.
As we have indicated earlier, Cousins Attorney Sam Kepfield says an interview with his client lasted 3-hours and 25-minutes, with the first hour and 45-minutes being a polygraph exam and conducted by KBI Agent Rick Atteberry and Hutchinson Police Detective Scott Carlton. He says the two from the very beginning took an accusatory tone, saying the victim is telling the truth, that children don’t lie about these types of accusations, then repeatedly telling Cousins that he’s lying and concealing the truth. It eventually led to the defendant asking, “do you want me to just say something to get out of here?” The defense says Cousins allegedly confessed to four incidents after repeatedly being told he’s lying. They contend that the interview led to an invocation of his right to remain silent under Miranda and violated his fifth amendment rights independent of Miranda.
Cousins is charged with two counts of aggravated criminal sodomy and now three counts of aggravated indecent liberties with a child. The alleged crimes involving a then 6-year-old girl and allegedly occurred between January 7 and July 23, of 2012. The investigation led to Cousins arrest back on December 15, 2012.
Again, the motion hearing has been pushed back to April 28, with the trial scheduled for May 13.