June 18--EBENSBURG -- A South Fork father charged in a shaken-baby death is alleging that detectives obtained his statement while he was emotionally overwrought after being taken into custody along with the baby's mother at the infant's funeral.
Public defenders representing 24-year-old Justin Charles want Judge David Tulowitzki to suppress the statement and bar prosecutors from using it against him at his trial in September.
"Given the circumstances and timing of the police interrogation, acting upon the fragile mental and emotional statement of the defendant, any statements obtained were not voluntarily given and not the product of his free will," Public Defenders Patricia Moore and Michael Filia said in an omnibus pretrial motion.
Assistant District Attorney Tamara Bernstein, one of the prosecutors in the case, said Friday, "I have confidence in the training of our detectives, and we feel confident that the statement will not be suppressed. He was given his Miranda rights before questioning and also was given breaks and allowed to use the restroom during that time."
Jury selection is to begin Sept. 17, with trial testimony to open Sept. 24, Tulowitzki has said.
Charles is charged with third-degree murder, criminal homicide, aggravated assault and related charges in the death of his 7-week-old son, Justin, on Dec. 23 at Children's Hospital.
Amanda Stiffler, the baby's mother, had found the baby unresponsive when she returned home Dec. 21 from a neighbor's house, authorities said. The infant was taken to Johnstown's Memorial Medical Center and then airlifted to the Pittsburgh hospital, where he died two days later.
The baby suffered retinal hemorrhaging, a subdural hematoma of the brain and multiple leg fractures. Charles allegedly admitted to shaking the baby on the day he was found unresponsive and three other times.
According to Moore, Charles was at the viewing/funeral service at the Dimond Funeral Home on Dec. 29 with family and friends. Seven police officers, activated as the Operation Safe Streets Task Force, attended and, although attired in suitable funeral clothing, they were obvious as nonfamily or friends.
Prior to the final prayer and a procession to the cemetery, county Detective Kevin Price served a warrant to take possession of the baby's body for a second autopsy, Moore said.
"At this harrowing and emotional moment, (the officers) loaded Charles and Stiffler into a task force vehicle and took them to offices in Richland Township (for questioning)," she said.
The father and mother were separated and subjected to intensive questioning in what Moore described as a "grueling and emotional process."
Bernstein, asked about the necessity for a second autopsy, said only, "We will be presenting information about that at trial, and I can't comment on the evidence."
In the defense's omnibus pretrial motion, the public defenders also are seeking the appointment of Scotti Scotilla, a psychologist, to assist them in preparing for trial.
Copyright 2012 - The Tribune-Democrat, Johnstown, Pa.
