Arguments sent for appeal in accused Moberly killer’s case
An appeals court will soon decide whether prosecutors in a Moberly murder case can use certain statements the suspect made.
Missouri’s Attorney General’s Office filed its final brief Thursday with the Eastern District Court of Appeals to allow prosecutors to use things Jeffrey Nichols told Moberly police in 2013. Randolph County Prosecutor Mike Fusselman wants the death penalty for Nichols, who’s accused of killing 92-year-old Carmelita Kaser on Easter Sunday three years ago. In March, the state appealed Judge Rachel Bringer’s decision to disallow 90 minutes worth of Nichols’ first interview with police, when the interview continued after he asked for a lawyer.
Nichols was arrested with 21-year-old Christopher Lewis in Macon County, accused of numerous shootings, thefts, and Kaser’s murder in her Moberly home. Lewis pleaded guilty in May to 19 felonies, including first-degree murder, receiving a life sentence without the possibility of parole. Fusselman had wanted the death penalty for Lewis, as well, but withdrew that at the Boone County plea hearing.
Nichols’ lawyer claims police tried to “elicit an incriminating response” when he first asked for the interview to end. Moberly detectives Tracy Whearty and Mark Arnsperger spoke with Nichols for 19 minutes, according to legal briefs ABC 17 News obtained, about the various crimes they suspected Nichols of committing. While Nichols “admitted that he stole a knife” from the Moberly Wal-Mart on March 31, 2013, he eventually stopped to ask for a lawyer.
“Honestly, from this point on, I want a lawyer present,” Nichols said, according to the briefs.
“OK,” Det. Arnsperger replied. “Well you’re getting charged with murder.”
Robert Steele, Nichols’ attorney, considered that comment, and others, as “badgering” by Arnsperger to get more information, despite Nichols’ request for legal help. The conversation went on for a bit, when Arnsperger asked, “Do you want to continue, or do you want to stop?”
“I’m — I want to continue. This is crazy. Who the hell did I murder?” Nichols asked.
The interview went on for 90 more minutes, with Nichols making “various inculpatory statements, including admitting to various thefts and assaults, and the possibility that one of his assaults might have killed one of the victims,” according to the Attorney General’s brief, filed by Nathan Aquino. He argues that Nichols clearly agreed to continue talking to police, even after asking for a lawyer.
Steele argues that “all questioning must cease” once a defendant asks for a lawyer. While the “Miranda” decision stops officers from asking explicit questions of a defendant without consent, Steele cites other cases that deal with officers making comments to defendants, such as police “having powerful evidence against him” or that “a statement would be in his best interest.”
As of Thursday, the Eastern District Court of Appeals had not scheduled a day to hear the arguments. Nichols’ eventual trial will take place in Marion County, after a 2013 change of venue from Randolph County.
