Its a standard police practice to coerced confessions! : AZ IMC

Statements coerced, says fire official

Associated Press
May. 26, 2006 12:00 AM

PRESCOTT - The attorney for the former commander of an elite wildfire team on Thursday asked a federal judge to suppress two statements signed by the firefighter, arguing that federal investigators coerced him into admitting he intentionally ignited two forest fires.

Van Bateman led the fire team that battled the 2002 Rodeo-Chediski Fire, the largest in Arizona history. He also assisted in recovery operations at the World Trade Center after the Sept. 11 terrorist attacks.

Now he faces two federal counts of setting timber afire and two counts of arson on public lands.

Federal investigators questioned Bateman in October about two 2004 wildfires in the Coconino National Forest that together burned nearly 22 acres.

After denying he started fires and signed a statement to that effect, the investigators showed Bateman evidence linking him to the fires, according to testimony Thursday.

The evidence includes photos of tire prints near one of the fires roughly matching Bateman's U.S. Forest Service vehicle, and a video using a global positioning system to place the same vehicle at the scene of the second fire.

After showing Bateman the evidence, "the first words out of his mouth were, 'What are my options?' " Greg McDiffett, one of two agents who interviewed Bateman in October, testified Thursday. "I said, 'You have the option of telling the truth.' "

Once Bateman was shown the evidence, he explained to the agents how he set the fires and told them, "I have no idea why I started these two fires," according to a second statement Bateman signed.

Bateman's attorney, Grant Woods, argued in court Thursday that Bateman was coerced into admitting he set the fires.

Agents say they told Bateman, who did not have an attorney at the interview, that he could leave at any time and could refuse to answer any and all questions.

But Bateman denies the agents said any such thing.

"In my mind, I had no option but to answer the questions put before me," Bateman told U.S. District Judge Paul Rosenblatt.

Assistant U.S. Attorney Kimberly Hare said Bateman's confession was voluntary and is admissible because he had signed an additional statement that he had not been coerced.

Rosenblatt will issue a written opinion on whether the statements are admissible after June 23. Bateman's trial is scheduled for July 27, but it could be delayed until September.