After insistence in late March from Judge Tom Foster, a May 21, 2013 trial date had been set in the double homicide case of Danny K. Coston, shown above being escorted out of the White County Courthouse by Deputy Craig Poole. However, motions filed April 17 and 24 precluded the May date, and now there’s no jury trial on the court’s calendar, causing many to wonder just when the Coston case will be heard in White County…and, many are opining, IF it will.
WHITE CO.—The murder trial of Danny K. Coston, believed to have been back on the fast track as of March, won’t be on the court calendar in May after all.
As of the last report, Coston’s case was set for jury trial May 21, this after Gallatin County resident Judge Tom Foster, handling the case in White on a conflict (White’s duly-elected resident judge, T. Scott Webb, was the prosecutor when the Coston case came into being last August), strongly advised attorneys at the end of March that they needed to get the case moving along.
However, recently-filed motions have delayed progress again…and have given more insight into what the possible defense will be in the case that gripped White County for several days over August and September, 2012.
Charged in last summer’s murders
Coston, 37, is the White County man charged in the murders of Jacob Wheeler, 22, and Jessica Evans, 17, this alleged to have occurred Aug. 26, shortly before the two were reported missing by concerned family. They had gone on a camping/fishing trip at a remote, private location not far from the Little Wabash River where it passes through Centerville, outside of Carmi, an unincorporated area where Wheeler, a military vet, had been raised and Coston had been residing for a number of years; their houses were just up the road from each others’, making them neighbors.
Wheeler’s and Evans’ bodies were found in separate locations, shot to death; Evans had been sexually assaulted. Coston allegedly confessed to the crimes, not attributing them to anything specific—as in, he didn’t excuse his actions at any point in the “confession,” stating he was too drunk, stoned, or anything else, to be able to recall.
However, Coston’s attorneys, from the Rosenblum Law Group in St. Louis, have been repeatedly implying through their filings that the defense is going to be one of either insanity or mental defect…neither of which anyone who knew Coston at the time—who was a Little League coach, held a demanding full-time job, and supported a growing family—believed to be the case.
Defense has problems with state’s discovery
In motions filed April 17, Coston’s attorneys seemed to primarily be having problems with the ongoing discovery (evidence and other material related to the investigation into the murders) the state was continuing to turn over in the case. A case of this magnitude always has a large amount of evidence; but there comes a point in time where the state must stop investigating, turn everything over to the defense for analysis of it, and be prepared to present their case.
Rosenblum’s firm has griped about the amount of discoveries—and the fact that they’re ongoing—for months now.
The April 17 gripe, however, also contains a gripe about the ninth supplemental discovery, which “includes forensic reports impacting the interpretation of key pieces of evidence seized in the case”; and in the tenth supplemental discovery, the mention is of a DVD “numbered 2 of an interview of Jane Wheeler and three criminal history reports.”
It then references the March 27 pretrial order, wherein the defense gave notice of intent to plead an insanity defense and referred to the request for Coston’s psychiatric evaluation at that time, with a deadline of May 1 to provide final pretrial discoveries.
“It will be a practical impossibility for an expert to meet with (Coston) in time to evaluate his mental health defenses and determine a plea by May 1,” the April 17 filing read; Coston therefore was asking for yet another continuance.
Precursor to venue change? Second motion for psych eval
Interestingly, in this motion, Rosenblum stated “The public’s interest in a speedy trial, including demands made in the media, do not outweigh (Coston’s) constitutional rights to effective counsel, a fair trial, and to put on a defense.”
This little paragraph, it appears, may be a precursor to a request for venue change, as there has been little “public demands made in the media” except through Disclosure and its Facebook page, which at the current time has a phenomenal reach, and as such could be the basis for such a pleading to take the trial out of White County. A basis has to be set, and this could be it.
A second motion for order of psych eval was also filed that day (April 17).
In both motions for psych eval of Coston, his attorneys are requesting that the state provide a psychiatrist to evaluate Coston for “mental disease or defect…and render an opinion as to whether a result of disease or defect, (Coston) lacks the capacity to understand the proceedings against him or to assist in his own defense.”
“The circumstances of the crimes charged,” the motion states, “and (Coston’s) reported behavior on the evening in question strongly suggest and preliminarily establish that his sanity at the time of the events charged in the indictment is in question.”
Motion to suppress evidence
A motion to suppress evidence was also filed on April 17.
This motion, as opposed to the one filed by Coston’s court-appointed attorney Jerry Crisel almost immediately after Coston was charged, is more detailed than the previous…and could cause problems for the state.
The grounds for the motion are:
Articles which the state intends to use against Coston were obtained pursuant to unlawful searches and seizure by the White County Sheriff’s Department or other law enforcement agencies;
The searches and seizures were made without lawful authority;
Any evidence seized from premises, accounts and/or communications in which Coston had a “proprietary, possessory, or privacy interest was seized as a result of an unlawful search, in that any search warrant issued in connection with the search was not supported by probable cause to believe that evidence or contraband would be found on the premises, and the search warrants were improperly issued and executed because they were inappropriately vague and overbroad;
Records received pursuant to subpoena or the state’s investigation were seized in violation of Coston’s privacy rights under the Illinois Constitution;
The items allegedly seized pursuant to Coston’s consent were seized without probable cause in violation his Fourth Amendment rights;
The seizures were the direct result of an unlawful arrest in that it was made without warrant and without authority; Coston didn’t violate any law in presence of the officers which would warrant the arrest and the arresting officer had no probable cause or reasonable grounds to believe he had committed a felony;
The evidentiary seizures were the poisonous fruit of other Constitutional rights violations, including the Fourth, Fifth, Sixth and Fourteenth Amendments.
All of this was alleged by Rosenblum, even though Coston gave statements to the authorities on the night of Friday, Aug. 31. 2012, that he had committed the crimes, this in a taped interview.
Truck pieces as a clue
The document lists facts in support of the motion, noting how a piece of plastic had been found near a ditch in the woods north of the camping area, and was later identified as coming from a Toyota Tundra model years 1999-2004, and how Jacob Wheeler’s father Harold later located green fender flares in the area of the campsite “and police attributed the flare as coming from the Toyota Tundra and thereby determined that they were looking for a green Toyota Tundra,” which was linked to Coston.
The document then shows that a search warrant was issued for the vehicle based on this “match” and executed on the afternoon of Aug. 31, before Coston’s first interview had concluded. As a result of the search, authorities found what appeared to be blood on the truck and “clothing alleged to have been worn by one of the victims.”
When the warrant was executed for Coston’s home and outbuildings, “several items associated with illegal drug usage were allegedly recovered from the ceiling of a shed located behind” Coston’s residence.
And a warrant was executed on September 6 with Alltel Wireless to obtain Coston’s cell phone activity from Aug. 24 to 31.
Coston has not been charged with any drug crimes, in relation to this case or otherwise; this is the first the public has heard of such allegations on an official basis.
‘Fishing expedition’?
The motion goes on to, in short, allege that a search warrant must be specific so the authorities “will not seize the wrong property or go on a fishing expedition.”
As an example, the defense believes that the truck parts found matched only a “general description of a vehicle that had been in the area where one of the victims was located.”
Further, the motion argues that the results of the search warrant were a “direct result of an illegal interrogation” that would be “inadmissible at trial.”
“Evidence seized following illegal police action is admissible only if the state meets its burden to demonstrate by clear and convincing evidence that the evidence” was NOT “obtained through police misconduct,” the motion states.
The attorneys allege that in this case, law enforcement used evidence seized from Coston’s vehicle as “leverage to extract a confession from (Coston), and to requestion him when they concluded his answers did not correspond to their interpretation of the evidence.
“Based on this alleged confession, they arrested him, seized evidence from his person and while he was arrested, they claim to have obtained permission to search his residence,” the motion states. “Each step in this chain proceeded within a matter of hours from officers’ illegal seizure of (Coston’s) vehicle and his detention and was the direct result of these seizures.”
As a result, the defense team is asking that “all evidence seized by law enforcement as a result of the execution of the search warrants listed…should be suppressed.”
Claims statements ‘weren’t voluntary’
In a supplemental motion to suppress statements, also filed April 17, the defense team claims that Coston’s statements to authorities on Aug. 31 were “not voluntary.”
Their arguments are that Coston was “not presented before a magistrate ‘as soon as practicable’ and the statement was obtained before said presentation;
A lawyer was not afforded him prior to or during the interrogation;
The length and nature of his custody and interrogation, and the conditions under which it was conducted, were inherently coercive “as applied to a person of (Coston’s) education, background and physical and mental condition at the time;
He was subject to mental, physical and psychological duress during the interrogation;
That Coston, as a person of limited education, was induced to make alleged statements by promises of the arresting officers, being “leniency and of a desire to help (Coston)”;
He made the statements without being advised of his Constitutional rights to remain silent, consult with a lawyer, that one would be appointed to him if he couldn’t hire one, that he didn’t waive those rights and that the interrogation didn’t cease when he indicated that he wished to remain silent, and/or that he desired to have appointed counsel present.
The documents then reiterate the “unlawful” nature of the arrest due to “no probable cause or reasonable grounds to believe Coston had committed a felony.”
Rick White enters
In restating the facts as they appear in police reports, the defense team noted that deputy Randy Graves was the one who, noting the vehicle parts located by Harold Wheeler, said “the only green Toyota Tundra truck in the area that I knew of was a truck owned by Danny Coston.”
Then ISP’s notorious “special agent” Rick White entered the picture, being mentioned in the documents as conducting the interrogation at 3:53 that afternoon with Coston. Despite the assertion to the contrary, the documents then point out that during the interrogation, which was audio/video recorded, White read Coston his Miranda Warning rights, whereupon Coston, “a man of limited education,” said to White, “I thought you just did this when you arrested people.”
White said: “The big term that everybody has to go by is ‘in custody.’ You know, I mean, kind of you’re in custody. We picked you up and brought you up here. So, in a sheriff’s car, yeah, you’re not under arrest, but, you know, we’re getting ready to question you. So probably the right thing to do is go ahead and read you your rights even though you’re not under arrest. And like you said, there’s a lot of shit going on and we’re investigating.”
‘Reminded’ of Miranda Rights
Documents show then that Coston’s initial statements were of a generally exculpatory character, but “he is alleged to have admitted awareness of the areas where Evans’ body had been located and his presence in the area long river east of Centerville, an area of interest to the investigation.”
The investigators then “took a break to talk with Candice Brown and verify Coston’s story.
“At this point, Coston had not yet been told if he was free to go or if he was under arrest; from the transcribed recording…it is clear he was not free to leave,” documents state.
Brown was interviewed at 5:59 p.m. that evening, and Coston was interviewed a second time (this time by ISP’s Bryan Harms and Sheriff Doug Maier), who “reminded Coston of his Miranda Rights…and he agreed to continue speaking with us.” The reminder, the documents point out, was only by reference and Coston was not read his full Miranda Rights nor provided a waiver.
‘Not being truthful’
The investigators confronted Coston with inconsistencies between his and his girlfriend Candice Brown’s statements, as well as the alleged presence of human blood in his vehicle.
“Coston indicated that he did not remember what happened on that night, asserted that ‘he did not think he killed anyone…(and that) he does not own a pistol and did not have a gun in his truck’,” the motion shows.
Then after Harms left the room, Coston allegedly told Maier that “he had not been truthful,” then provided an account that indicated that he had interacted with the victims on the night of their deaths, but that Wheeler had shot Evans and Coston had shot Wheeler in self-defense. Upon repeating this account when Harms returned, Coston tried to show officers on a map where Wheeler’s body would be located (it was located at 10:30 p.m. that evening based on descriptions Coston provided.)
Gave facts no one else knew
At 12:30 a.m. Sept. 1, law enforcement began questioning Coston for a third time, the documents relate.
Described as “awake and alert” in police reports, Coston again agreed to talk to the officials, being “reminded” of his Miranda rights, but he “did not respond to the question;” yet the police continued with questioning anyway.
He then “gave inculpatory statements that coincided with law enforcement’s theory of the case, indicating that he had shot Wheeler, had had sexual intercourse with Evans then shot her as well, and had disposed of both of their bodies where law enforcement had recovered them.”
There was no mention of the fact that up to that point, no one had released the information that Evans had been sexually assaulted; and of course, no one else at all knew the location of Wheeler’s body except the man who allegedly put him there. Neither one of those factors were “theories.” They were both hard fact.
Nevertheless, Rosenblum insists that the statements Coston made were conducted “in violation of his Constitutional rights.”
Says it’s all invalid
In the motion, and argument is made as to whether Coston was reasonably aware that he could terminate the “interrogation” at any time, in accordance with his Miranda Rights.
It also brings into question whether Coston voluntarily consented to waiving his Miranda Rights, even upon the third interview wherein he was being questioned about the same things repeatedly, and was apparently not offered a physical waiver—on paper—of his rights.
Coston’s intelligence level is brought into question by his own attorneys at this point in the document.
Ultimately, the argument is made: “(Coston) was allegedly advised of his Miranda rights after he was brought to the sheriff’s department in a police vehicle. When officers allegedly advised (Coston) of his rights, officers minimized the impact of the warnings by saying that they were just reading them like on TV, read them, provided him a form to fill out, and then started asking questions. Considering the facts and circumstance of this case, (Coston) was not made aware by this procedure of his rights nor did he knowingly decide to abandon those rights.)”
Counsel contends that the statements made during those several hours on the night of Aug. 31, 2012, when blood was allegedly found in and on Coston’s vehicle and at which point he directed authorities to Jacob Wheeler’s decomposing body in rural Wayne County, were “not voluntarily made, given the totality of the circumstances,” and because of this, they are asking that all statements be thrown out, and the case continued without making reference to them at any point in the trial.
Strange evaluation request
The matter is set for a status hearing on May 22; whether the recently-filed motions will be heard at that time remains to be seen.
In the meantime, at least one of the issues brought up in the March hearing was addressed at a hearing April 24: that of Coston’s proposed fitness exam.
During that hearing, John Rogers of the Rosenblum group, on hand that day to represent Coston, expressed a desire to have two fitness exams done on his client: One showing his current fitness to stand trial, and one to determine what his mental state was at the time of the alleged offense.
How the latter of the two was going to be accomplished wasn’t explained by Rogers, as there is no way to go back in time and make that assessment, and Coston is still claiming he “doesn’t remember” much of anything (except, of course, what he specifically told Rick White, Bryan Harms and Doug Maier on the night of his “interrogation.”)
What was explained, though, was that, contrary to the indications he was giving in March, Coston didn’t have enough money to hire a private psychiatrist to secretly come to the White County Jail and examine him without revealing findings to the state.
Instead, a state-paid psychiatrist, through the Department of Human Services, is going to conduct the examination, with, of course, the results being made available to both sides.
There has been no tentative jury trial date set; only the May 22 status date, at which time, further delays will be expected to take place.