Eastman case: Defense argues Fourth Amendment, Miranda …

The motions hearing in the case of Kevin Eastman, 49, who was accused of killing Greeley residents Stanley Scott Sessions and Heather Frank in February 2020, awaits a written order from a judge after hearing four testimonies and the defenses motions on Monday.

In early February 2020, Eastman was accused of killing 53-year-old Sessions by cutting his neck at the Greeley home of Frank, Eastmans ex-girlfriend. Eastman allegedly dumped the body of Sessions near Pingree Park in Larimer County, and tried to burn the body to dispose of the evidence.

About a week later, he was accused of fatally shooting Frank and hiding her body on rural Weld County property where he was employed.

Investigators detected similarities in the way the bodies of both Frank and Sessions were found. Both were wrapped inside a pile of wood.

Sessions was a well-known trumpet player in the Movers and Shakers, a Colorado band, who often played played Greeley music venues.

Eastman entered a not guilty plea for charges including first-degree murder after deliberation, tampering with deceased human bodies and tampering with evidence, as well as a weapons charge in April 2021 before Weld District Judge Marcelo Kopcow.

After delays in the case due to COVID-19, and two competency evaluations ordered by Eastmans defense team, Eastman was deemed competent to go to trial. The trial is set for January.

During the Monday hearing, the defense motioned to suppress involuntary statements made by Eastman due to the use of coercion, unlawful influence or unlawful inducement.

As well as, the motion to suppress the statements Eastman made during his almost six-hour interrogation due to inadequate Miranda rights made by the arresting officer and investigators. The defense argued the Miranda rights waiver was invalid. In addition, the Miranda rights advisement was invalid for a lack of language surrounding the right to have an attorney present.

Prosecutors called four law enforcement authorities to the stand during the hearing: Donnie Robbins, sergeant of the Larimer County Sheriffs Offices investigations unit; Jeremy Coleman, Larimer County Sheriffs Office investigator; Justin Atwood, another Larimer County Sheriffs Office investigator; and Gerald Porter, sergeant of the Weld County Sheriffs Offices patrol division and a deputy at the time of Eastmans arrest.

All authorities had a role in the arrest of Eastman on the morning of Feb. 16, who had two outstanding warrants for his arrest. Prior to his arrest, law enforcement was looking into Eastmans involvement in the murder of Sessions. Franks residence was being monitored by video surveillance, and Eastmans car was being monitored through GPS tracking.

Officials believed he was getting rid of evidence when GPS tracked him to remote locations throughout Weld County. As Robbins was looking into this, he crossed paths with Eastman in his vehicle.

When Eastman stopped at a gas station in Kersey, Robbins made the initial arrest. He advised Eastman of his Miranda rights, and his right to waive those rights and talk to law enforcement. Eastman agreed to this.

Robbins waited for Colemans arrival to transport Eastman to Larimer County Jail for questioning. In the meantime, two Weld County Sheriffs Office cars and deputies arrived on the scene and secured him in a patrol vehicle.

Robbins did not utilize the Larimer County Sheriffs Office Miranda rights form or document the advisement of rights, according to the defenses argument. As well as, criticized the arrest because of Robbins unmarked vehicle, lack of patrol rights for minutes after arrival and lack of traditional law enforcement uniform.

The defense indicated Robbins just flew in and immediately ordered Eastman to the ground with his gun.

When Coleman arrived, he transported Eastman to Larimer County for interrogation. He said Robbins told him he advised the suspect of his Miranda rights and that he waived them.

During the arrest, a wad of cash, cigarettes, a lighter and seven caliber casings all but two were spent were found in Eastmans pockets, but Coleman did not ask questions about these items.

Atwood and Ryan Myatt, another investigator, were in charge of the interviewing process back in Larimer County, which was recorded.

The interrogation lasted almost six hours, with a significant number of breaks, including one long lunch break. The interview ended just before Eastman requested to have an attorney present.

In response to the defenses motions, prosecutors argued Eastman was given breaks, water and food during the process. Throughout the interrogation, both investigators made it clear that Eastman didnt have to speak to them and brought up his right to attorney, which Eastman acknowledged and said he understood, according to prosecutors.

In addition to the Miranda rights, the defense argued law enforcement officials used coercion by exploiting Eastmans mental and physical health. The recording from the interview indicated Eastman received a head injury that affects his recollection of past events.

The defense also said Eastman was actively emotional and anxious during the interview. He can be seen breathing rapidly, hugging himself and rocking back and forth. At one point, he became physically ill and almost threw up.

Eastman had not slept at all the night prior to the interview, which is another factor in the motion to suppress his statements.

However, prosecutors argued he could have slept during his hour-and-a-half lunch break in the the interrogation room. Instead, Eastman ate lunch, sang, prayed and did push-ups.

Eastman even said, You guys are awesome, to the two investigators after the interview process ended. He also told them he thought Robbins was polite, prosecutors said.

Despite the multiple reminders of his rights during the interrogation and Robbins advisement, the defense argued no one advised him that he had the right to an attorney prior to his questioning. Due to Eastmans mental health, head injury and lack of sleep, the defense said the reading of rights process could have been confusing or misleading to him.

The defense also had motions in regards to the violation of the Fourth Amendment for the search warrants of the involved phones, the Frank residence, Eastmans car and Eastmans Facebook account. The team accused the affidavits of the case for being bare-boned and believed there was no probable cause to search.

In response, the prosecutors argued a Good Faith Exception, which means if search warrant evidence is deemed unsupported by probable cause, it can be permissible if the officers involved acted in reasonable reliance with the validation of the warrant.

A sequestration order that witnesses cannot discuss the testimonies made at the motions hearing was put into place by Kopcow. Defense argued there was a violation to this order when a witness in this case discussed her opinion against the defenses motions on an early afternoon Facebook post on Monday.

Kopcow anticipates a written order from Mondays motions hearing to be completed in the next few weeks. The pre-trial readiness conference is scheduled for 1:15 p.m. Dec. 21 before Kopcow in Weld District Court.

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