PANAMA CITY — Some of the evidence against a man accused of killing his wife and his father-in-law won’t get to a jury after a judge ruled investigators violated his Miranda rights during several interrogations and suppressed a portion of his statements.
Bryan Keith Castleman, 53, clearly asserted his right to remain silent and have an attorney during questioning from Bay County Sheriff’s deputies investigating the deaths of Mary Ann Castleman and Leroy Minnich after Springfield Police in November found their bodies in the house where all three lived.
When Castleman said “I’m talking to my attorney,” Sgt. Stephen Jencks got up and left the interrogation room to write a report that said the interview ended when Castleman invoked his right to an attorney, but investigator Jeff Haire stayed behind and continued to question Castleman.
Haire testified in a hearing last month that he thought Jencks left the room prematurely; he understood Castleman to be saying he planned to talk to an attorney at some point in the future. There was a long silence as Jencks left the room, and Haire even gathered his belongings as if he too was about to leave the room. Then Haire asked, “so you don’t want to talk to us?”
Judge James Fensom watched video footage of the interview, which was conducted at the Springfield Police Department, and determined from Haire’s questions after Jencks left the room that Haire did understand Castleman was asserting his rights to remain silent and have an attorney.
“The Court finds that a reasonable police officer in those circumstances would have understood that the defendant was invoking his right to counsel and to remain silent.
Fensom wrote in a 10-page order suppressing Castleman’s statements that there was nothing ambiguous about Castleman’s assertion of his rights, and even though Castleman later agreed to continue speaking with investigators Haire’s comments after Castleman asked for a lawyer were “aimed at overcoming the will of the defendant, which is at odds with the requirements of Miranda.”
Only portions of Castleman’s statements were suppressed. Investigators conducted a total of six interviews with Castleman that day, and the three that occurred after he told Haire “I’m talking to my attorney” were thrown out.
Springfield Assistant Police Chief Barry Roberts wrote in his investigative report that Castleman very clearly admitted to killing his wife and Minnich. However, that statement was made after he invoked his Miranda rights so will be suppressed. It’s not clear what Castleman said in statements that will be admitted; confessions are not considered public record before a case is resolved.
The BCSO went back over the footage to determine if Haire had intentionally violated Castleman’s rights, said Capt. Jimmy Stanford, who leads the special investigations division that was called in to assist with the investigation. Stanford said Haire had been preoccupied by a text message and hadn’t caught Castleman’s assertion. The suppression shouldn’t have a significant impact on the prosecution, Stanford said.
“It doesn’t cripple the case, and we don’t have bad acts by the Springfield police or the investigator,” Stanford said.
Castleman’s public defender, Kim Dowgul, declined to comment, and prosecutor Larry Basford doesn’t comment on pending cases. Castleman could be sentenced to death if he’s convicted at trial in October.