Melbourne, FL (Florida Today) -- A judge on Monday threw out as evidence the police interrogation of a
woman charged with murder in connection with the fatal shooting of Brevard County Sheriff's Deputy Barbara Pill in 2012.
her ruling, Circuit Judge Morgan Reinman wrote that Andria Kerchner
made a "clear, loud, understandable, unambiguous, and unequivocal demand
for a lawyer," and police should have stopped questioning her.
Other statements Kerchner made before and after the interrogation are still admissible as evidence, Reinman wrote.
on Monday said the ruling won't change how they proceed against
Kerchner. An attorney representing Kerchner said the suppression
effectively clears his client of the murder charge.
Kerchner and Brandon Bradley were arrested after the shooting death of Pill in March 2012.
24, is accused of shooting Pill, 52, during a traffic stop shortly
after a robbery at a motel on U.S. 192. Kerchner, 21, was a passenger in
the vehicle and was charged with murder.
See Also: Andria Kerchner's mother "devastated" by shooting
being an occupant in a car, as a witness, does not make you complicit
in a crime, unless you make an overt act in furtherance of the crime,"
attorney Michael Bross said, later adding, "She committed no overt act
in furtherance of the commission of the crime of robbery with a weapon,
theft or the murder."
State Attorney Tom Brown said Monday that prosecutors feel the judge
allowed the majority of Kerchner's statements to remain in evidence.
respect the judge's ruling and are pleased that most of the defendant's
statements will be allowed," Brown said in a release.
Brown is prosecuting the cases against both defendants along with Assistant State Attorney Jim McMaster.
is suppressed doesn't affect our prosecution on any of the charges,"
Brown said. "We look forward to presenting the facts and evidence to a
documents say a maintenance worker saw Kerchner putting items into the
back of a vehicle that were later determined to have belonged in the
motel. Bross disputes the report.
"What the police wrote is not accurate," he said.
that we know of at the hotel will say they saw her load anything in
that vehicle," he said. "Because she didn't. It's that simple."
After she was arrested, police spoke to, and recorded, Kerchner for hours.
At the scene of her arrest, Kerchner feigned a seizure and was taken to Viera Hospital.
ruling describes a recording in which a doctor says he determined she
had several drugs in her body, including "valium, narcotics, THC,
cocaine and barbiturates."
doctor continues to say the only drug not in her system was PCP, "which
is disappointing, frankly, because then she would not be unconscious."
get her alert, the doctor ordered staff to administer charcoal and a
drug that counteracts opiates. On the recording, she howls as a tube is
inserted either down her nose or throat.
Kerchner was under the influence, Reinman ruled her state of
intoxication didn't rise to a state of "mania" that would invalidate
what she was saying.
Ms. Kerchner's words were slurred at times, she was very well aware of
her surroundings, the gravity of the situation, and the reality of what
had happened to Deputy Pill," Reinman wrote.
some of the recordings will be allowed as evidence in her trial,
including statements in which she says Pill was shot and she is going to
get charged because she was in the car.
The day Pill was shot, Kerchner was taken to a Brevard County Sheriff's Office building to be questioned.
of conversations included in Reinman's ruling show soon after she was
taken into an interrogation room, she spoke with agents Marlon Buggs and
"Kerchner: OK, well, I'm sitting here, and you can sit there.
Agent Buggs: Listen, this is my house, and I make the rules.
Kerchner: I don't have to talk to you, if I don't want to.
(Buggs physically pushes Andria Kerchner into the seat.)
Kerchner: Umm...you can't man-handle me. Sorry.
Agent Buggs: This is my house.
Kerchner: Go get a lawyer, somebody. I'm the wrong one. I just want a blanket. I'm freezing.
Spadafora: We are going to get you a blanket."
They honored her request for a blanket, but continued with the interview.
Kerchner left the police building, she responded to questions reporters
yelled at her. Reinman wrote those statements will still be allowed as
evidence because the reporters "were not acting under the authority of
Reporter: "What do you have to say to Deputy Pill's family?"
Kerchner: "(Expletive) all ya'll police officers."