HUTCHINSON, Kan. — Judge Tim Chambers took under advisement the major pretrial motions in a first-degree murder case Thursday morning.
Michael Brisco is charged with two alternate counts of murder for the shooting death of 26-year-old Sem Adrien. One is for premeditated first-degree murder and the alternate count is for intentional second-degree murder. Other charges include criminal possession of a firearm, aggravated intimidation of a victim or witness, possession of methamphetamine and solicitation to commit perjury. The crimes allegedly occurred back on Sept. 9, 2013.
The defense requested statements made during interviews conducted by Hutchinson Police Detective Jamie Schoenhoff after the murder took place to be suppressed. The first was done during the initial investigation into the homicide before Michael Brisco was considered a suspect. The other came after police interviewed other witnesses. The defense wants the judge to view video of those two interviews to see that the defendant may have not made statements freely. Alice Osburn also contends that her client may have been under the influence of drugs or alcohol. At least three times during the second interview, the defendant would state he was done talking, but twice would resume talking. But, the third time, Schoenhoff initiated the conversation.
Deputy District Attorney Tom Stanton argues that the defendant consented to cooperate with officers during both interviews. Schoenhoff took the stand and said he saw no signs that the suspect was under any type of drugs or alcohol and that he was cooperative in both interviews. However, he never asked Brisco if he was under the influence of drugs or alcohol.
Osburn also questioned a search of Brisco’s home and asked the judge to review this to see if police had probable cause even though Brisco supposedly gave consent.
The killing occurred after Adrien may have been rude to Brisco’s girlfriend questioning her on whether it was safe to be firing a gun from inside the home to a target outside. Brisco and the victim then began to fight inside the home. The actual shooting occurred outside with the victim collapsing on a nearby parking lot near 8th & Plum.
Brisco’s trial is scheduled to begin on Oct. 20.