People v. Kelley

This is an interlocutory appeal by the People from a judgment and order of the district court suppressing an extrajudicial statement made by defendant John Douglas Kelley. The defendant moved to suppress on the grounds that the statement was not made voluntarily, knowingly and intelligently, and that the police had denied him the right to counsel. After a hearing on the motion, the trial court ordered the suppression of the statement.

The People assert on appeal that the trial court erred because the evidence presented at the hearing showed conclusively that prior to giving the statement to a…