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Posted: Thursday, 11 August 2011 6:11AM

READ FILE -- Defense claims unlawful interrogation and destroyed evidence in Nibbe case.



MANKATO (TEC News) – The attorney for Lake Crystal murder suspect Jennifer Nibbe is asking the judge to suppress all of her statements to law enforcement.

The defense claims Nibbe was never given a Miranda warning when interviewed the morning of the August 31, 2010 shooting death of her husband James Nibbe.

Attorney Rich Hillesheim claims that while being suspected of a crime, Jennifer Nibbe was interrogated and asked incrimination questions while inside a squad car without being given Miranda.

Hillesheim says that makes all subsequent statements to be inadmissible as "fruit of the poisonous tree."

They also claim investigators later violated her rights by interviewing her without counsel after they knew she had representation.

Hillesheim called it "unlawful interrogation and improper police conduct."

In addition, Hilleshiem claims "exculpatory evidence" was destroyed, including pornography belonging to James Nibbe. Based on the destroyed evidence, Hilleshiem wants the judge to dismiss the charges saying Jennifer Nibbe's right to due process may be implicated.

The motions will be argued before a judge on September 6th.

READ THE MOTION -- Notice of Motion and Motion To Suppress Evidence/Dismiss


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