Judge excludes claimed false confession testimony in Modesto murder trial

A judge on Wednesday ruled that a psychiatrist’s testimony about a claimed false confession will be excluded from a trial for three defendants accused of murder in a Modesto park stabbing.

Mark Sullivan, Jacob Segura’s attorney, told the judge that her ruling is a violation of his client’s right to a fair trial. The attorney said he will ask the appellate court to overturn the local judge’s ruling, which could put the trial on hold.

Segura, Taylor Koplen and Juan Garcia face charges of murder in Tylor Crippen’s stabbing at Creekwood Park. They also face charges of robbery and two counts of attempted robbery, along with enhancements of committing crimes for the benefit of the Norteño street gang.

Sullivan filed a motion for a mistrial Wednesday, saying the judge’s ruling to exclude the testimony denies his client the ability to defend himself against the allegations.

“I need that to bolster my client’s defense,” Sullivan said about testimony from Martin Blinder, a forensic psychiatrist who would testify about police interrogation techniques and what Segura told investigators.

The stabbing occurred on the night of Jan.29, 2013, at the park, a few blocks west of Claus Road in east Modesto. The prosecution says the defendants chased Crippen into the park, and Koplen stabbed Crippen.

Segura was captured after he was spotted walking near the park as officers were responding to the stabbing.

The defense attorney argued Wednesday that his client had been drunk that night, and he was interrogated for more than four hours before he falsely implicated himself in the robbery. Sullivan said Segura was under duress when he told the investigators what they wanted to hear.

If the defendants were convicted of committing murder during a robbery, they would face a maximum sentence of life in prison without the possibility of parole.

Stanislaus Superior Court Judge Dawna Reeves said a video recording of the interrogation shows that the investigators did not lead Segura into implicating himself. She said Segura gave details about the alleged crime to the investigators; not the other way around.

“There is no false confession,” the judge told Sullivan. Reeves said the admissibility of Segura’s statements to police are not in question, so the jury doesn’t need the psychiatrist’s testimony to determine whether the defendant was truthful.

Martin Baker, Koplen’s attorney, agreed with the judge. He said in court that Segura was the first to offer details about a robbery during the interrogation. Baker also said it was Segura who first mentioned Crippen’s girlfriend was there during the robbery.

Sullivan told the judge that Segura would testify that he was drunk and tired, only giving in to the investigators after a lengthy interrogation. Without the psychiatrist’s testimony to support Segura’s version of the interrogation, Sullivan said there’s a chance his client will not testify in his own trial. That decision is supposed to be made by Thursday.

If Sullivan files an appeal, the appellate court could order the trial to stop until it makes a decision.

The forensic psychiatrist initially was hired to testify about the effects of alcohol, because the defendants reportedly drank several shots each from a gallon bottle of brandy. Sullivan recently informed the court that Blinder also would testify about the police interrogation.

Blinder is still expected to testify in the trial, but he is only allowed to tell the jury about the effects of alcohol. Garcia may also testify, but that decision hadn’t been made Wednesday afternoon.

This story was originally published October 29, 2014 at 4:47 PM with the headline "Judge excludes claimed false confession testimony in Modesto murder trial."