Judge rejects Rep. Jefferson on evidence

A federal judge rejected Rep. William Jefferson’s (D-La.) request to suppress evidence gathered during an FBI search of his Louisiana home in 2005.

Judge T.S. Ellis III determined that FBI agents did not abuse Jefferson’s rights during the raid because he was not arrested or held in custody. Jefferson could have terminated the interview he had with the agents at any time and could have left the house immediately when the agents started searching his home, according to the judge.

{mosads}“In these circumstances, the agents’ failure to tell defendant that he was not under arrest or that he was free to terminate questioning does not support defendant’s contention that he was in custody,” Ellis wrote in his opinion, filed Tuesday.

Jefferson argued that he was coerced and was not read his Miranda rights during an interview that preceded the August 2005 raid on his home. The lawmaker claimed the FBI used intimidating tactics, noting that an agent followed him and watched him while he was in the bathroom, making him feel like he was in custody.

He also testified that agent Tim Thibault at one point toward the end of the interview yelled at him: “Where is my goddamn money?” The same day, $90,000 was recovered in the freezer of Jefferson’s D.C. residence.

At that point, the lawmaker testified that he ended the interview and told agents that he did not want to discuss the matter further.

In explaining his ruling, Ellis wrote: “This position is further supported by the fact that defendant ultimately did terminate the interview.”

Ellis also commented on Jefferson’s argument that the agents used intimidating tactics by following him to the bathroom, saying it has “minimal impact on the custody determination.”

“The agents did not prevent him from going to the bathroom as soon as defendant indicated his desire to do so,” Ellis explained. “And Agent Evans did not enter the bathroom with defendant, but rather waited outside while, at most, the bathroom door remained partially open.”

A date of Dec. 2 has been set for the trial to begin, but Ellis has said it likely will be postponed.