From our member Ed Roy. Outstanding work to Ed, Melissa Larsen and Jim O'Neil:

I wanted to pass along a successful motion to suppress that myself, Melissa Larsen and Jim O'Neil handled before Judge Van Couyghen in January. The case involved allegations of 1st and 2nd degree child molestation.  A key witness would have been a Mass DCYF worker who claimed our client had made damaging admissions concerning charged conduct.  We were able to demonstrate that Mass case law and a written brochure put out by the Mass DCF required that a non-custodial interviewee be informed of right to counsel, and that DCF investigator was a mandatory reporter.  The investigator did not give the brochure to client until the conclusion of the interview after he had made the "admissions". The Judge found that the state has the burden of showing the voluntariness of statements made to an investigator and that investigator was an arm of law enforcement.  The Judge found that warnings were given late, after statements were given, and therefore were not voluntary.