Statements made by an accused child molester who was ignored when he asked for a lawyer cannot be used against him, the Colorado Supreme Court ruled Monday.
The court said a Clear Creek County detective twice ignored Norman Scott Adkins’ request for a lawyer while Adkins was read his Miranda rights. In addition, the detective led Adkins to believe that he could have an attorney only after being advised by a judge.
Adkins, 44, has yet to go to trial on charges filed in March 2004. He is accused of one count of sexual assault on a child by a person in a position of trust and one count of sexual assault on a child.
When questioned, Adkins was seated in a holding room in a jail jumpsuit with his ankles cuffed.
As the detective read Adkins his Miranda rights – including his right to a lawyer – Adkins interrupted and said, “Why don’t I have one now?”
After the detective finished the advisement, Adkins again asked, “How come I don’t have a lawyer right now?”
The detective answered by saying he hadn’t been advised by a judge yet and that would probably happen later, Justice Alex Martinez wrote.
“If a defendant is going to invoke the right to counsel, we cannot imagine a time more obvious than during the advisement, or in this case, as soon as the defendant was informed of the right,” the justice wrote.
Staff writer Howard Pankratz can be reached at 303-820-1939 or hpankratz@denverpost.com.