Daviess Circuit Judge Joe Castlen heard arguments on Friday regarding the admissibility of a confession Jeremiah T. Byrd gave to authorities for the June 2022 death of 16-year-old Gay Mee Paw.
Byrd, now 18, was 16 at the time of the incident and is charged with murder, tampering with physical evidence, and possession of a handgun by a minor.
Byrd’s defense attorney, John Bennett, argued that the confession, already ruled inadmissible during the prosecution’s case, should also be barred from use for impeachment purposes if Byrd testifies.
“They knew he asked for counsel, and they knew he wished to remain silent. Once he invoked his right to counsel, any questioning should have ceased,” Bennett said in court.
He further argued that law enforcement used coercive tactics to obtain the confession.
“It was not free will which motivated his confession, but acquiescence to the coercive tactics deployed by the detectives,” Bennett said. “They knew he didn’t want to talk until after they told him she was dead.”
According to court documents, the confession was suppressed in December after Castlen ruled that detectives violated Byrd’s Fifth Amendment rights by continuing the interrogation despite his request for legal representation.
However, the prosecution, led by Commonwealth’s Attorney Mike Van Meter, contended that the confession could be used to challenge Byrd’s credibility if his testimony conflicted with the suppressed statement.
“The jury has a right to know if the defendant’s story changes,” Van Meter said in court.
He argued that prior case law allows suppressed statements to be used for impeachment if they meet standards of trustworthiness and voluntariness.
“The Commonwealth believes an abhorrent result will occur if the defendant is allowed to take the stand and be allowed to use perjury as a defense, free from the risk of confrontation,” Van Meter said.
Castlen noted the significance of determining whether the confession’s trustworthiness alone is sufficient or if its involuntary nature precludes its use entirely. Castlen expressed concern over the circumstances surrounding the confession, particularly Byrd’s age, impressionability, and the alleged coercion by detectives.
Castlen did not issue a ruling on Friday but stated that a decision would be made in the near future. Byrd’s trial is scheduled to begin on April 7.
For more context on the case, read about the original charges and courtroom developments in the initial report and the transfer of Byrd’s case to adult court.
