Linda Stein Murder Case Update: Pregnant Suspect, Ninja Defense, "Hostage Video" Confession

The young woman accused of killing real estate broker to the stars Linda Stein pleaded not guilty in Manhattan Criminal Court yesterday. Natavia Lowery was denied bail, and her new defense lawyer, Ron Kuby, made a few points:

  • First, he said Lowery's confession was coerced by the police detectives because, having been interrogated for hours on end without access to a phone or her lawyer "She had to make something up to get out of that room."
  • Lowery should be given bail because she is seven weeks pregnant!
  • The videotaped confession the police made is, in Kuby's view, "basically a hostage video in which she said the things the police needed her to say."
  • And finally, there's the absence of a murder weapon - and since "A yoga stick wasn't the murder weapon, there is no such thing as a yoga stick," clearly Lowery's "confession" was coerced."
Kuby criticized the authorities, "In order to crack the big case and to get the big headlines, there was a rush to judgment, in which the police engaged in an end run around the most basic constitutional protection, the right against self incrimination."

According to prosecutors, Lowery first told the police that a masked man came into Stein's apartment, a stranger that Stein told her to let in - and Stein supposedly was screaming at the man until Lowery heard seven "thumps." But, the Post reported, "interrogators kept hammering away" at Lowery's "ninja" story, and she "eventually she confessed to killing Stein with a 'stick' because the Realtor blew marijuana smoke in her face and wouldn't give her a 10-minute break," saying, "I grabbed the stick and hit her over the head six or seven times...I've been working too many hours... No one listens to me."

Police have maintained they were within their rights to question Lowery, because she contacted them first (the NY Times says that Lowery called and text messaged the detectives a number of times, "she asked if she should attend Ms. Stein’s funeral and complained that Ms. Stein’s daughter had taken photographs and papers from her desk") and said that she didn't want to talk to the first lawyer, Gilbert Parris, her family had retained. Parris, however, had told previously told police not to speak to Lowery without him present.

We asked a lawyer about whether there are limits to police questioning, as 12 hours sounds like a very long time to be questioned without access to a phone or lawyer. The scenario we gave was that a someone is called in for questioning (nothing further) and voluntarily goes to the station.

The first question is whether the questioning become such that the individual being questioned does not feel as if he is free to leave. As long as Person A feels as if he can leave at any time, there is really no durational limit to the questioning. Let's assume, however, that at some point during the questioning Person A no longer feels comfortable and asks to leave.

The police say "No, you're staying here until you answer our questions" or something to that effect. The "voluntary" questioning has now risen to a seizure under the Fourth Amendment. Probable cause to arrest -- or something close to it -- would probably be necessary for the police to continue the questioning at this point.
Or alternatively, let's assume Person A is brought into a windowless interrogation room that locks from the outside and has a window of one-way class on one side. Person A does not ask if he can leave because it is very clear to him that he is not. This could be a Fourth Amendment seizure as well, just due to the fact that, under the circumstances, a reasonable person would not feel free to leave.
Now, once a Fourth Amendment seizure has occurred, this "voluntary questioning" has now ripened into a "custodial interrogation." In such a case, even if the police have probable cause to detain Person A and continue the questioning, they are now required to give Miranda warnings. As I said earlier, the police, much like you or me, can talk to anyone they want and ask them anything they want. But once the person is effectively under arrest, the rules change and Miranda warnings are required. After such warnings are given, if Person A asks for a lawyer, the police may not continue to ask any questions (or even say things like "boy, you'd make a lot easier on yourself if you just came clean.") They must wait for a lawyer to appear for Person A unless Person A affirmatively, voluntarily and without coercion changes his mind about having a lawyer with him.
Interesting! As the case moves forward, we'll certainly be hearing more about it.

Image of Shawnimals' Wee Ninja

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Comments (16) [rss]

user-pic

confession coersed? hardly. she was read her rights and she understood them. not having access to a lawyer is another story, she may have waived that right before her interrogation. no bail? she's an obvious flight risk. keep her caged up. there are maternity wards in jail and prison.

apparently the ninja story materialized during the early part of the interrorgation, so the detectives can't really be accused of coercing that fairy tale out of her.

Hurm,
I've gotta say the circumstantial case against the police is damning. I thought it was such a slam dunk case when I first read about it in the paper. It just goes to show you how subjective "the truth" is. However, 12 hours conversing with johnny Law sounds unpleasant. I wonder if there is any DNA evidence to free her after 10 years?

People say anything when coerced and are put under duress.

Hugh Gass, Your logo is demeaning and juvenile. Everytime I see it I'm embarrassed for you. The next time I do, it's goodbye to this blog for me.

I try to look past people's avatars and read what they have to say, but it sure is hard with something like that.

Baby Hughy needs attention. His avatar is simple wish fulfillment (and I'd be willing to bet he wants people to stop visiting Gothamist). projected sexual prowess makes up for a lack of actual "love."

user-pic

This is exactly why the cops should have done it by the book, not because Al Sharpton may or may not get involved.

All of this legal wrangling that's now going to go on would have been nipped in the bud if it was done right.

I swear, half these guys must still think its the 1980's, when nobody gave a fuck.

Hi! My name is Natavia, although I look like a nappy headed ho it's just in the picture quality. Sure I'm seven weeks pregnant but that's because my boss made me get knocked up if I wanted to keep my job. She hired this Ninja dude to fertilize me against my will at 4:30 in the morning at a club in Harlem. I had to kill her because she wouldn't agree to child support and Taquan was being sent up the river because of selling drugs.

Where is Al Sharpton? He helped out Tawana didn't he? And I didn't do half the shit she did.

If a bunch of pixels offends you ... you need thicker skin.

Again, I just believe that this grifter did this crime. If the NYPD messed it up by being morons, that too would not surprise me.

Oh, an Hugh, you are just sad.

user-pic

I think we all need to keep what's important in mind here: The wheelchair bound like getting head too.

If a bunch of pixels offends you ... you need thicker skin.

And so we should tolerate every sort of picture in any situation? Just because you constantly want a blow job doesn't mean everyone needs to know that.

so Lowery saw a masked man through the peep hole and the boss said "let the guy in"? wow, that must have been one powerful join Stein was smoking at the time.

A 12 hour interrogation led her to admit to something she didn't do? right, right. and what about that 800 dollars she withdrew after her employer was dead? and the footage of her entering and leaving the apartment AFTER the woman had already been killed? I guess she though Stein had just taken too many hits on the old bong and was taking a power nap.

can we please put a more accurate photo of Lowery up please? preferably one without the kool-aid smile and shiny weave.

"Hugh Gass, Your logo is demeaning and juvenile.

actually, i'm not even sure that guys in wheelchairs could even get it up. if you look at the logo again you'll note, or rather won't note, any indication of a penis. it's more like the guy is holding the girl's head up because she probably bumped into him and fell over when she ran into his foot brace things.

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