People v. Horn

In this interlocutory appeal, pursuant to C.A.R. 4.1, the People challenge the district court’s order suppressing a statement made by the defendant, Tommy Lee Horn. The district court ruled that the defendant was in custody when the statement was made and questioning had not been preceded by a Miranda 1 advisement. We affirm.

I

The defendant is charged with aggravated incest. 2 The alleged victim and his two brothers made statements, which were substantially consistent, to social service workers and others implicating the defendant, their natural father. The victim also kept a diary which…