Al Avignone said if parts of the hearing aren’t closed, future jurors could have access to information they may not see at John Lebrum’s trial in the shooting death of Jason Wright.
Attorneys for Gallatin County and the Bozeman Daily Chronicle plan to fight that request.
District Judge Mike Salvagni has sealed the details of the interview until it can be determined if they should be suppressed.
Lebrum and Branden Miller, a former MSU basketball player, are charged with murder, kidnapping and tampering with evidence in Wright’s slaying.
Avignone wants the judge to close the suppression hearing, scheduled for Wednesday and Thursday, any time Lebrum’s statement is discussed.
Avignone said he has no intention of quoting from the interview, but said there is a danger of witnesses or others doing so.
The Chronicle’s attorney, Peter Meloy, said the only part of Lebrum’s five-hour interview that should be kept from the public is the portion Lebrum claims prejudices his fair-trial rights.
“The judge could conduct the entire hearing without ever referring to the prejudicial statement that Lebrum made,” Meloy said. “Closing the whole hearing just because you’re worried that someone might blurt something out is complete overkill.”
Meloy and Lambert said if Avignone and Lebrum accuse detectives of using illegal interviewing tactics, that should be heard in open court.
Lambert also said Avignone’s motion was filed too late because he and Meloy don’t have enough time to respond before the hearing begins Wednesday.
Avignone and Miller’s attorney, Regional Public Defender Peter Ohman, allege that Gallatin County sheriff’s detectives threatened Lebrum and Miller with the death penalty if they didn’t talk, lied to them about evidence they had against them and made false promises about charges going away or lighter prison sentences in exchange for statements.
Avignone also says he was outside the door as detectives were interviewing Lebrum and was denied an opportunity to speak with his client, according to court documents. The lawyer said he asserted Lebrum’s right to remain silent and his right to an attorney both verbally and in a letter to the county attorney’s office at that time.
Lambert said the interrogations were legal and that Lebrum was advised of his rights and voluntarily spoke with investigators.
Ohman has also filed a motion to suppress Miller’s statement to police. Miller told investigators he saw Lebrum attack and kidnap Wright and that he later helped Lebrum clean his car, court records said.
A hearing on Miller’s motion is scheduled for Monday and Tuesday.
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