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United States v. Eubank

United States District Court, Southern District of Georgia, Savannah Division

February 4, 2015

UNITED STATES OF AMERICA
v.
LILLIE MAE EUBANK and CARL EVAN SWAIN

ORDER

The Court in this murder case granted defendant Lillie Eubank's motion for a Jackson-Denno hearing.[1] Doc. 148 (motion); doc. 198 (supplemental motion); doc. 234 (Order). At the close of that hearing, it invited Eubank's counsel to illuminate the law enforcement statements and conduct that she contends renders her statements involuntary. Eubanks had initially supported her allegations with her own affidavits but no record citation. See, e.g., doc. 187 (insisting that an interrogating agent "called her a monster, a fat ass, and cursed her repeatedly."). She later cited to some video passages in supplemental prehearing briefs, docs. 198 & 215, but not all, and at the hearing it seemed apparent that counsel may not have seen at least one of those videos. The Court thus invited counsel to specify (hence, transcribe) all statements and describe the precise conduct that rendered her statements involuntary.

Eubank has since filed a "Second Motion for Hearing" (doc. 238) and a "Third Motion to Suppress" (doc. 239), both merely laundry listing video disk segments. This is not what the Court intended. Instead, it wanted counsel to quote the offending language or describe the conduct and explain how, under the totality of the circumstances, defendant's statements were the product of coercion rather than her free and deliberate choice. That wasn't done here, and the Court will not do it for Eubanks -- thus litigate on her behalf. Within 14 days of the date this Order is served, then, she shall do precisely that, and the government shall have 11 days to respond.[2]

SO ORDERED.


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