The attorney representing 87-year old Pat Suter, a well-known environmentalist, said police never informed Suter of her Miranda rights against self incrimination.
It was just Thursday when Kiii 3 News revealed the details from Suter's arrest affidavit, which police used to get a judge to issue a warrant for Suter earlier this week; but now, Suter's attorney believes that the comments attributed to Suter may not make it into the court of law.
Suter is accused of running over Attorney Richard Leshin with her car back on March 16.
Leshin was riding his bicycle down Ocean Drive when it happened. Suter was on her way to a trash cleanup event. Her attorney and son have said that she did hit Leshin with her car, but she thought she had hit a trash can.
Days after the incident, police investigators tracked down the car to Suter's home. When they began asking questions, Suter's son told them she was the one who was driving the car.
"At that point, she was a suspect, and should have been read her Miranda rights," said Mark DiCarlo, Suter's attorney. "She was not read her Miranda rights. Now, technically speaking, this statement may not be admissible at trial."
Corpus Christi Police Department Commander John Houston said that, for the past 30 years, the Supreme Court has allowed statements made in public to be used in court. So this could become one of the many questions in the case that goes before a jury.
However, DiCarlo said that about 95-percent of cases do not end up in court. Instead, a plea deal is reached.
DiCarlo said that the personal apology that Richard Leshin wants from Suter is forthcoming.