Judge: Detective cajoled attempted murder suspect
A district court judge said a man charged with attempted murder had his Miranda rights violated during a police interrogation and has granted a motion to suppress evidence.
Daniel Lott Sr., 33, is accused of shooting a Marshalltown teenager in the head last fall.
Earlier this month Lott, along with his attorney, Matt Sheeley, filed a motion to suppress evidence derived from an interrogation with Det. Randy Kessler, a 25-year veteran of the Marshalltown Police Department.
Sheeley said Lott clearly requested an attorney immediately following the reading of his rights. Assistant County Attorney Ben Stansberry argued the defendant stated he wanted to have a lawyer, but only requested that he be represented by a lawyer eventually.
“He (Kessler) knew exactly what he was doing … prodding him for further clarification,” Sheeley said during the May 5 hearing. “He used this as a tool to convert this into a confession.”
Judge James McGlynn granted the order to suppress Thursday, citing his review of a DVD recording of the interview.
All statements made by Lott during the interrogation and evidence derived from any statement made by Lott in the interrogation are inadmissible at trial.
The evidence, McGlynn said, was obtained in violation of Lott’s Miranda rights.
Lott was charged in September after 17-year-old Mario G. Murrillo arrived at the local emergency room with a gunshot wound to the head. Murrillo was treated and expected to fully recover.
Murrillo identified Lott as the shooter in a photo lineup, according to court documents. Lott was at large for five days before police arrested him in Gladbrook after receiving a tip about his whereabouts.
Lott is charged with attempted murder, first-degree robbery and willful injury. He remains at the Marshall County Jail on a $500,000 cash-only bond.
Marshalltown Police Chief Mike Tupper declined comment for this story, citing the ongoing criminal investigation.