N.C. Judge Rules Suspect's Statement Admissible

NEWTON, N.C. -- Superior Court Judge Robert Sumner ruled Wednesday that a statement made by a man accused of murder is admissible in court.

Ryan Rendleman is charged with murder in the death of his girlfriend, 32-year-old Christy Whitmore. Rendleman, 40, is accused of killing her in the home they shared in Sweetwater Mobile Home Park on March 20, 2010. He turned himself in to the Catawba County Sheriff's Office two days later, confessing to investigators what he did, as well as making a written statement.

Rendleman's attorney, Andrew Jennings, filed a motion that the statement he made to officials be suppressed.

When Rendleman came into the sheriff's office, he asked if he could have a lawyer. He was later escorted into an interview room. Two investigators join him and read him his Miranda rights. Rendleman did not waive his rights, and said he wanted an attorney, according to testimony on Tuesday. An arrest warrant was taken out for him, and he was escorted to the magistrate.

It is while Rendleman is with Sgt. Jason Beebe waiting for a magistrate that he decides he wants to confess. He asks Beebe if he could still get an attorney, and Beebe tells him he would for this type of case. Beebe testified it was up to Rendleman if he would like to talk to him now or wait for an attorney.

Rendleman decides to confess and is escorted back to the interview room, where the events are recorded. His Miranda rights are read again, and he is provided another copy. This time he waives his rights, but asks if he signs it, if he could still have an attorney.

Sgt. Aaron Turk told him he could have an attorney for court, or for any time.

Turk and Beebe question Rendleman. He confesses to an argument he and Whitmore had in their home, which ended with him choking her until she winds up on the floor of their bedroom. He binds her hands and feet, puts a plastic bag over her head, and stabs her once in the torso while she is on the ground. He then leaves and goes to a friend's house, where he does not tell him what happened.

Turk asks Rendleman to write a statement about what Rendleman did, and he agreed.

In court Wednesday, psychologist Jerry Noble argued for the defense that Rendleman suffered from several disorders. He said he tested Rendleman and found he had an IQ of 82, something he described as "borderline." He said the average IQ is 100.

Noble said Rendleman suffers from acute stress disorder, major depressive disorder, cannabis use disorder, dependant avoidant disorder and personality disorder.

"I don't believe he knowingly, intelligently waived his rights," Noble said. "He has borderline intellectual function. He received information that was incorrect or misleading about getting counsel while being questioned. His poor verbal skills are also reflected in his extremely short written statement when given the opportunity to do so."

Jennings said there were numerous violations of the law. The first of which was Rendleman being in custody and requesting an attorney, something that was denied.

"'Can I get an attorney,' that's an invocation of his rights right there," Jennings said.

He said there was a violation of Rendleman's Miranda rights, and Turk downplayed the importance of the Miranda rights, calling it "paperwork."

When Rendleman was waiting to see the magistrate, Jennings said it is uncertain who initiated the conversation between Beebe and his client, and that Beebe coerced Rendleman by saying "It's your opportunity to have your side of the story told now, or maybe not ever told."

Jennings said investigators likely did not even have probable cause to arrest Rendleman.

"Where's the link that he did it, that he committed the assault, the stabbing?" he asked. "There's another reason to suppress the statement."

Prosecutor Kyle Smith said Rendleman never stated he wanted an attorney, he just asked if he would be allowed to have one.

"'Can I have a lawyer?' is a question, not an assertion," Smith said. "He says, 'I want an attorney,' they take him down to the magistrate."

He also contends that Rendleman's comment about wanting to admit his guilt to Beebe was a "spontaneous utterance," and Rendleman initiated the conversation.

When Rendleman's rights are read to him again, he asks another question about getting a lawyer. Smith said Rendleman does not declare he wants one.

"At no time during the interview does he say, 'where's my attorney, he's supposed to be here,'" Smith said.

He concludes that Rendleman has been arrested before and is familiar with the criminal justice system.

"He knows how to assert his rights. He's familiar with the process," Smith said.

Sumner concluded that prior to the first interview, Beebe was informed that Rendleman wanted an attorney. Turk read Rendleman his rights, which he did not waive. Rendleman said he wanted an attorney, which Turk wrote on the non-waiver portion of the form.

"Officer Beebe asked additional questions of a biographical nature. The defendant did not appear to have difficulty understanding the nature of the questions," Sumner said.

He agreed with Smith that Rendleman spontaneously made his statement to Beebe while waiting for the magistrate.

Sumner rehashed the events of the interview room. He then said Rendleman "freely and voluntarily" waived his rights to Beebe and made a statement.

"It is clear from the responses on the video that he understood the questions being asked," Sumner said. "He understood his ability to waive the right to counsel and his right to an attorney at any time during the legal process."

He said Beebe and Turk exercised good police practice about when Rendleman wanted an attorney, stating that Rendleman's comment prior to his confession, asking, "if I sign this, can I still have an attorney?" would not have been interpreted as a request for an attorney at that time.

He denied Jennings' request to suppress Rendleman's statement.

Jennings objected to Sumner's ruling, based on the fourth, fifth and sixth Amendments.

Jury selection began Wednesday afternoon and will continue today.

Copyright 2011 - Hickory Daily Record, N.C.

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