Free Declaration - District Court of California - California

Case 3:08-cr-01555-BEN

Document 37

Filed 08/04/2008

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MICHAEL L. CROWLEY (117008) Attorney at Law 550 West "C" Street, Suite 1960 San Diego, CA 92101 (619) 444-8808 Attorney for Defendant

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
(Honorable Roger T. Benitez) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) ) ESMERELDA PICAZO (1), et al., ) ) ) ) Defendant. ) ) ) ) ) _______________________________ ) I, MICHAEL L. CROWLEY declare:

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Case Nos.: 08mj1391/08CR1555-BEN

DECLARATION OF MICHAEL L. CROWLEY IN SUPPORT OF MOTION FOR SUPPRESSION OF STATEMENT DATE: August 6, 2008 TIME: 9:30 p.m. PLACE: Courtroom of the Honorable Roger T. Benitez

1. I am duly licensed as an attorney in the State of California, the United States 19 District Court and am a Certified Criminal Law Specialist from the Board of Legal 20 Specialization of the State Bar of California. I am counsel for ESMERELDA PICAZO in 21 the above-entitled action. I have personal knowledge of the following facts and am 22 competent to testify as to the truth of these facts if called as a witness. 23 2. I have reviewed the discovery, specifically reports by agent James Trombley 24 and Jeffrey J. Dinise. I have also reviewed the video of the statements taken by the 25 agents. 26 3. My observations from the tape recording are that the following: 27 28 ! during the initial statement Ms. Picazo stated she didn't want to answer

Case 3:08-cr-01555-BEN

Document 37

Filed 08/04/2008

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any more questions. The agent responded that he had a couple more questions for her and stated we can work together to see how this shakes out; Ms. Picazo then stated she wanted an attorney and the interview ended. more than 12 hours later, Ms. Picazo was again questioned; she was crying uncontrollably and the agent tells her she would have to calm down; she is not re-Mirandized before giving an additional statement;

I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed in San Diego County, California on August 4, 2008.

DATE: July 31, 2008

/s/ Michael L. Crowley Michael L. Crowley, Esq. Attorney for Defendant ESMERELDA PICAZO

M :\W P \ C R IM \F E D E R A L \P ic a z o , E s m e r e ld a - M L C d e c .w p d

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