Robert Kiner

Obviously, I was not there. I know it occurred in the Rockingham barracks of the Vermont State Police. I also know that the confession was given to two brothers, Vermont State Police Detectives Mike and Ted LeClair, who were veterans. And I think it's fair to say had, at least among the defense bar, had a reputation of perhaps being a little bullying with defendants who they were dealing with.

Obviously, I was not there. I know it occurred in the Rockingham barracks of the Vermont State Police. I also know that the confession was given to two brothers, Vermont State Police Detectives Mike and Ted LeClair, who were veterans. And I think it's fair to say had, at least among the defense bar, had a reputation of perhaps being a little bullying with defendants who they were dealing with.

I don't mean in the physical sense, but they were known for putting a lot of pressure on defendants to give confessions and making defendants very uncomfortable in their presence.

I don't mean in the physical sense, but they were known for putting a lot of pressure on defendants to give confessions and making defendants very uncomfortable in their presence.

No, and that sort of underscores what I just said. As a police detective, if you have someone whom you believe to be responsible for a murder or for any really serious crime or even a less serious crime, and the suspect is given Miranda warnings that waives them, so you know they're about to talk to you about whatever happened, and you're expecting...

No, and that sort of underscores what I just said. As a police detective, if you have someone whom you believe to be responsible for a murder or for any really serious crime or even a less serious crime, and the suspect is given Miranda warnings that waives them, so you know they're about to talk to you about whatever happened, and you're expecting...

I suspect, on some level to get incriminating information. You would want to have that down on tape or even on video for purposes of being able to show the jury what a suspect said in case the suspect changes the story at trial. The best way to preserve a confession is to have it on tape.

I suspect, on some level to get incriminating information. You would want to have that down on tape or even on video for purposes of being able to show the jury what a suspect said in case the suspect changes the story at trial. The best way to preserve a confession is to have it on tape.

And the LeClaire brothers, my suspicion is they didn't want anyone to hear the manner in which they interrogated Delbert. And so they didn't tape it. And so we were left solely with their testimony at trial about what Delbert told them the day he was arrested. I think Debra was 22 at the time. He was found to have an IQ in the low 60s, I believe. He was, I think, retarded is no longer the...

And the LeClaire brothers, my suspicion is they didn't want anyone to hear the manner in which they interrogated Delbert. And so they didn't tape it. And so we were left solely with their testimony at trial about what Delbert told them the day he was arrested. I think Debra was 22 at the time. He was found to have an IQ in the low 60s, I believe. He was, I think, retarded is no longer the...

appropriate term, but that was the term that was used then. And then we have these two tough guy detectives. I've never been in that situation, and my IQ is a couple points higher than the low 60s, but I'm not sure how I would respond under those circumstances, let alone a kid who was at the time living on the street, didn't have much parental support, and was probably scared to death.

appropriate term, but that was the term that was used then. And then we have these two tough guy detectives. I've never been in that situation, and my IQ is a couple points higher than the low 60s, but I'm not sure how I would respond under those circumstances, let alone a kid who was at the time living on the street, didn't have much parental support, and was probably scared to death.

I don't think it took very long for the LeClaire brothers to get what they were after from Delbert.

I don't think it took very long for the LeClaire brothers to get what they were after from Delbert.

We had a feeling this case was going to go to trial from fairly early on. And if that concession became too widely known within the community, we were fearful that potential jurors would reach their conclusions before they ever set foot in the courtroom. And we knew at some point that we would attempt to suppress that confession given Delbert's cognitive disabilities.

We had a feeling this case was going to go to trial from fairly early on. And if that concession became too widely known within the community, we were fearful that potential jurors would reach their conclusions before they ever set foot in the courtroom. And we knew at some point that we would attempt to suppress that confession given Delbert's cognitive disabilities.

We thought it would be both prudent and necessary for us to keep that confession out of the public sphere. As you probably know, the judge disagreed.

We thought it would be both prudent and necessary for us to keep that confession out of the public sphere. As you probably know, the judge disagreed.

The prosecution, I think, was fairly smug in their confidence that they could go forward by putting Delbert near the scene of the crime at the time that it happened.

The prosecution, I think, was fairly smug in their confidence that they could go forward by putting Delbert near the scene of the crime at the time that it happened.