Originally published Oct. 7, 2013.
A police interview of the woman accused in the deadly 2012 shooting of Brevard County Deputy Barbara Pill will not be allowed at her trial, a judge ruled Monday.
Andria Kerchner's attorney argued her rights were violated when officers "steamrolled" her at the beginning of a three-hour interrogation.
Attorney Michael Bross also claimed one detective "manhandled" Kerchner just a few hours after she was arrested, along with Brandon Bradley, on first-degree murder charges after Deputy Pill was shot and killed during a traffic stop.
Part of the recorded interview went as follows:
Investigator: You understand your rights? You told me you did.
Andria Kerchner: I don't care about my rights.
Investigator: Do you want to talk to us? We've read your rights.
Kerchner: Yes, because I want to leave.
The judge's ruling Monday cited case law that says the defendant made a "clear, loud, understandable, unambiguous and unequivocal demand for a lawyer at the beginning of the statements."
Kerchner's attorney also tried to convince the judge his client was in a state of "mania," because she was under the influence of drugs and not able to control what she was saying.
Investigators said Kerchner faked a seizure on the way to the interview and had to be sent to the hospital first for treatment and be tested for drugs. Those tests showed Xanax, cocaine, opium and THC, the active ingredient of cannabis, were in her system.
Kerchner made recorded statements during that trip, and the judge ruled jurors can hear that recording, along with statements made to reporters after her interrogation, because she gave those statements freely and was not being questioned by authorities.
Meantime, the attorney for Brandon Bradley, the man accused of firing that shot that killed Deputy Pill, has also requested that the judge throw out some of the statements his client made to investigators. A hearing on the matter is set for later in October.
A judge ruled in August that Bradley and Kerchner will be tried separately.