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DA Says That Girl Spoke Freely: Kings Co. Prosecutors in Murder Case Seek to Keep Teen's Confession.

Posted on: Sunday, 7 May 2006, 12:05 CDT

By Sarah Jimenez, The Fresno Bee, Calif.

May 7--HANFORD -- Kings County prosecutors say a confession by a 14-year-old Lemoore girl accused of killing her mother and her mother's boyfriend should remain as evidence because the girl waived her rights and made "rational freewill" statements.

Brittney Norris, 14, was arrested by Lemoore police after the bodies of her mother, Regina Norris, 37, and her boyfriend, Lawrence Norris, 44, were found March 6 in an apartment the three shared. Lawrence Norris was not related to the teenager.

Brittney Norris faces two counts of murder with additional charges of using a gun and multiple murder. The girl is being charged as an adult because of the nature of the crimes.

The Kings County District Attorney's Office filed a motion Wednesday in response to a request filed March 24 by the girl's attorney, Gerald Schwab Jr., to suppress her confession.

A hearing on the matter is set for Friday.

According to the district attorney's response, Brittney Norris was taken to the Lemoore Police Department for questioning about 7:30 p.m. on March 6 by family members.

Her grandmother was allowed to witness the interview.

A Lemoore police officer read the girl her Miranda rights and asked if she understood those rights. Brittney said yes.

She also replied yes when asked if she wanted to speak with the officer, according to the prosecutor's motion.

Brittney then gave "numerous versions" of what happened the day her mother and mother's boyfriend were killed and the days leading up to their deaths.

But she did say she shot her mother and her mother's boyfriend, according to the motion.

Brittney's grandmother was present for most of the more than four-hour interview.

She was asked to leave the room toward the end of the interview because of "constant interruptions," according to the prosecution paperwork.

But the girl continued to answer questions and did not ask for her grandmother to return, according to the response.

Brittney is an "articulate 14-year-old ... who has had prior contact with law enforcement" and was not intimidated by law enforcement officials.

The response states Brittney was questioned by Lemoore police in October 2004 in connection with a possible assault on another person and again in January 2005 in connection with an assault on herself.

Police also caught her driving her mother's car without a license on Sept. 18.

Brittney was studying the U.S. Constitution, due process and the Bill of Rights at the time of the shooting.

She was "criminally sophisticated enough to realize she was 'going to be charged with two homicides' and 'when I turn 18, they're going to send me to real prison,'" the response states

Schwab maintains it's irrelevant whether his client was studying those legal topics.

She should not have talked to officers because of her age, lack of legal representation and the stress of losing her mother, he said.

"She was suffering from post-traumatic stress and she was under the influence," he said.

Schwab said that during the Friday hearing he plans to provide evidence Brittney was under the influence of methamphetamine and PCP at the time of the interview.

He also said children are very suspectable to adult influences and Brittney likely believed she had to talk to the police officer.

Schwab said his client's criminal history was exaggerated and only the September 2005 incident is true.

Brittney was not arrested for the incident and was handed over to her mother's custody.

Deputy District Attorney Michelle Winspur declined to comment Thursday on the prosecution response.

Schwab acknowledged it's unlikely his motion will be granted.

Suppression of the confession would be a boost to his case, but it is not vital. He said he believes he still has a good case.

"Even if we lose [the suppression], we're ready to go," he said.

"If this has to be proven in trial -- what happened that day -- we're ready to do that."

The reporter can be reached at sjimenez@fresnobee.com or(559) 622-2413.

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Copyright (c) 2006, The Fresno Bee, Calif.

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Source: The Fresno Bee

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