HUTCHINSON, Kan. — The Kansas Court of Appeals changed its mind regarding the decision to suppress evidence against a Hutchinson woman who admitted to having sex with an inmate while she worked at the Hutchinson Correctional Facility.
Criqui was an employee of Aramark, a food service company that contracts with the Kansas Department of Corrections to provide meals at the prison. In 2012, anonymous letters to KDOC investigators claimed Criqui was having a sexual relationship with convicted murderer Breland Davis.
Earlier, the Kansas court ruled Marla Criqui’s Miranda rights were not violated when investigators questioned her. The defense claimed the evidence was exaggerated. That claim sent the case back to District Court.
The court acknowledged authorities used deception in an attempt to convince Criqui to confess, that detail is irrelevant to the debate over whether the questioning was an interrogation requiring a reading of Miranda rights. Being interviewed by an employer — even a government employer — does not necessarily constitute an interrogation, the court determined.
When the case came back to District Court, Judge Trish Rose again believed the evidence should be suppressed.
This time, the Court of Appeals agreed with Judge Rose and said the state cannot use the statements at any trial. The state could ask for a review by the Kansas Supreme Court.