The opinion of the court was delivered by: Barry Ted Moskowitz, Chief Judge United States District Court
ORDER GRANTING MOTION TO SUPPRESS STATEMENTS
Defendant Deborah Kay Tschumy has filed a motion to suppress her videotaped statements on the ground that she invoked her right to remain silent. For the reasons discussed below, the Court GRANTS Defendant's motion.
Defendant has been charged with transportation of illegal aliens, in violation of 8 U.S.C. § 1324(a)(1)(A)(ii).
After Defendant was arrested on December 27, 2011, Defendant was transported to the El Centro Border Patrol Station. Agent Manzo commenced a videotaped interview of Defendant at 6:25 p.m.
After Agent Manzo read Defendant her Miranda rights, the following exchange took place:
AGENT MANZO: Do you understand your rights?
AGENT MANZO: Are you willing to answer my questions now without the presence of an attorney?
MS. TSCHUMY: I don't have anything to say (unintelligible)
AGENT MANZO: Can you speak up, please. I can't hear you.
MS. TSCHUMY: I don't know what to say. I don't have anything -- I don't even know why you're questioning me about this smuggling.
AGENT MANZO: Well, like I said, if you're willing to talk to us, I'll explain it to you why I'm questioning you, but you have to answer that question. Are you willing to answer my questions now without the presence of an attorney? MS. TSCHUMY: (unintelligible)
AGENT MANZO: (unintelligible) you need to speak up, that way I can hear you. I can't hear you. It's just (unintelligible) you answer this question and you say yes, I'll explain it to you. You know, I'll explain to you the questions I have and why you're sitting here. If ...