People v. Legler

In this interlocutory appeal pursuant to C.A.R. 4.1, the People seek reversal of the trial court’s suppression of statements made by a juvenile defendant during the course of a custodial interrogation, and suppression of evidence derived therefrom. The trial court held: (1) that the juvenile’s grandmother, who was present at the interrogation, did not qualify as a “physical custodian” for purposes of section 19-2-511(1), 6 C.R.S. (1998); and (2) that the hostility between the legal interests of the juvenile and those of her grandmother rendered the grandmother incompetent to assist the…