Court suppresses Ohlson’s murder confession to police
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DRIGGS — An Idaho judge has agreed to throw out a Jackson man’s confession of shooting Driggs resident Jennifer Nalley and her unborn child last summer, on the basis that investigators violated his Miranda Rights.
Erik Ohlson, 40, was arrested by Teton County Sheriff’s deputies in the early hours of the morning on July 5 for driving his truck into a power pole. He was later taken to Madison County Jail where Idaho State Police (ISP) questioned him as part of their investigation into Jennifer Nalley’s death. There Ohlson admitted to shooting Nalley in her front door ‘until his gun ran out of bullets.’
Idaho District Judge Bruce Pickett ordered that both Ohlson’s confession and his recounting of where he was going when picked up by Sheriff’s Deputy Andrew Sewell must be thrown out as evidence.
“It is well settled law that an accused’s Fifth Amendment right to counsel is not offense specific,” Pickett wrote in his opinion, citing case law. “When an individual asserts his right to counsel, ‘the interrogation must cease until counsel has been made available to him, or until he himself initiates further communication, exchanges, or conversations with the police.’”
Pickett ordered that the request Ohlson made for an attorney at the time of his arrest had not been honored.
“After being advised of his rights and questioned as to whether he would like to speak with the deputy, Mr. Ohlson stated, “No … Not without an attorney,” Pickett wrote. “While the words ‘No’ and ‘not without an attorney’ were separated by roughly thirteen seconds and an order from Deputy Sewell to go sit in his cruiser … the Court finds that a reasonable officer in similar circumstances would have recognized Mr. Ohlson’s delayed statement as a request for counsel.”
Pickett went on to say that Ohlson’s comments about his gun, the type of weapon found at the murder scene, would be admissible in court.
“Mr. Ohlson’s statements to Deputy Sewell concerning his Glock pistol were not the result of an interrogation,” Pickett wrote. “Deputy Sewell did not attempt to elicit an incriminating response from Mr. Ohlson, but politely answered his questions regarding his service revolver. During their conversation, Mr. Ohlson volunteered that he owns a Glock 30 chambered in .45.”
The Teton County Fire Department found a Glock model 30 handgun on the north side of the road not far from Nalley’s residence. According to the sheriff’s office, the gun was the same caliber used in the shooting.
Ohlson is facing the death penalty. His trial is set to begin in Teton County on July 31, although his attorneys have also filed a motion to change the venue.
This article was originally published in the Teton Valley News. It is used here with permission.
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