before you call a public call make case it doesn't matter how i do this factors are different but there's there's four basic ones first of the police immediately stop the interrogation seconds the another time between the interrogations whether or not a fresh set of miranda were  miranda has been scrupulously on this court are courts may also look to whether or not newly discovered evidence is presented to a defendant and that is also a reason or a valid presented to a detainee and where there's no showing that defendant has changed his or her mind to about the question and that's what happened in this case when all my family was sleeping at the time that the senate he said quote you're a juvenile the juvenile system is very forgiving very understanding when people mess up crimes that you commit when you're a juvenile you're not even tried as an adult sometimes you don't even get the maximum penalty if you don't even do that then he goes on to say everybody gets a clean slate when they turn seventeen you're lucky you're less than seventeen but in order to get those rates to get those chances you have to show some remorse and some compassion only because this was until he's told that he can get a clean slate two years once he turned seventeen and that simply confessing will allow him to remain in the juvenile court system there have been cases  whereby eight there was an open ended offer or there's ben offers for police police officers have sat will let the state's attorney know that you are willing to cooperate in this case it goes far beyond that the will he says to you might say are you someone who's been talking to should be just walk out of here and let the states basically throw you into the criminal justice system and let the court the case take its course or do you want to what are you going to confess to us i do know it's within twenty minutes i think the officers walked in at eleven forty two and he made his confession shortly after midnight so it was just enough time for him here detective nicotine this to say what it is that he needed to say make his promises of leniency and my taken made incriminating statements you know shortly thereafter so about twenty minutes i would say  and murdoch didn't see him or the trial court found that murdoch didn't seem like he was in distress it didn't seem like he was in fear there was nothing about his the meter that indicated that he was coerced in any sort of way so clear that he was not in the stress that you had no issues with voluntarily speaking to the officers that even in that case it was enough to there is a i think i think there's a lot of cases that i believe were cited to in the present in the original be from the the reply brief that very much different differentiate what and expectation to tell the truth that's it's something where you know you better think it's best to tell the truth now you're there is a specific benefit a specific benefit is remaining in the human upward system another specific benefit is getting maximum penalties he says to him within the words and if you are speaking about a juvenile who is is not go first in the criminal justice system making although we did our contacts  with the system isn't necessarily clear on the roles of police officers and what they can do and the state's attorney who can use it only really really the only person can do this sort of deal this is this is beyond his his experience and when you're dealing with juveniles i think it's in the best interest of the human eye to eye to look at those things e i think the length of the detention is important i think it's also made also be considered a tactic to have somebody sitting there and waiting for a specific amount of time can also lead toward the intensity of the detention and the wearing of somebody who's well down and this was a juvenile again and when he did get up to him right before he made his incriminating statements he was audibly sleeping can hear snoring in the in the video and  the thing we have in the record we begin with the juvenile so you're dealing with the age the experience you're dealing with everything which in this record i'm sure really i understand that and that's why people addressed the issue that pointed out but i want to point out to this court that it's perhaps not so we don't do the rules based on these cases and those look it's pretty troubling it's problematic but i would also point out that there's approximately ten minutes between the time that the statements were made with regard to treatment as a juvenile and the time that he confessed and i believe that those statements are at approximately eleven forty six or so in the record and that the confession is closer to midnight and in between there were many many expectations to tell the truth or you know you certainly didn't intend this to happen you didn't wake up this morning thinking this was going to happen it was your co dependence idea that it came in between there was this was not he didn't make these statements in the defendant said when they will come up to resume the questioning after closer at eleven something that was a different officer who actually said you know being confrontational doesn't work with you you get very defensive and so he was as the trial judge characterize well he was in there and we don't know what happened between the six thirty seven oral statement when he agreed to give the video statement but they didn't come back online i think he had slept at earlier at some point they're going to bed in there he might have taken a nap at that time i don't know what that pass time was about we know the police would continue to investigate trying to find jeremy and then they said ok we found her and we just don't want to give the videotape no yes sure then they come back and say ok now we'll talk to each other so i don't think it was you know i  of his mental impairments perhaps is i don't believe that murdoch relied on that murdoch mentioned that there was information in the record regarding mr murdoch's mental capacity  sentencing hearing this suppression hearing took place after his post fiction petition so even though it was i believe the fourth charge she was now hearing of the summer knox case who heard the motion to suppress in fact if he had you know your eyes himself with the entire he would have would you say that some of her situation are i would say the trifecta make any findings with regard to his demeanor except that he was not a normal fifteen year old when she considered his interaction with the criminal justice system is he more savvy with regard to that i guess i don't believe this issue was was argued below and therefore the judge made no fightings on it but if he did it is available to everyone and i can recall counsel statement that when the defended by the shirt over his head and the same to call them is wrapped up in the blanket it's all on the d v d there are the plenty of teenagers who would not be tired by me because i don't think it's a given that every teenager is going to want to go to bed at nine thirty or at ten thirty a case we also have a mom who was at the station who never asked to talk to him and he never asked to talk to mom so i think that their verdict is very helpful case and i think there's some facts in our case that there are way more heavily in our favor thirty there's a lot that they knew a lot of witnesses that they had talked to within that time period and so the moment that he went into that room he was not going to be let out as i indicated in my  one of the videos early on to see that there is a that or it has already been brought it you know if you're being questioned and then someone brings in a bat it's very clear that you're not going home anytime soon suggesting that you know you should you should probably take a nap or probably going to be here for a while the fact that when the officers came back into the room at eleven forty two with absolutely no new evidence it it going on they allowed him to go to sleep they allowed him to get tired and they intentionally woke him up at a time when he was more susceptible and they did get him from the bigots just want to just refer to people thing is everybody without exception everybody gets a clean slate and they turn seventeen and you're lucky i mean he's he's telling him that you fall into this you're lucky that you are not seventeen because you will get a  like like there seems to be something with this family in the neighborhood in the police that they happened to know his family and that could be why he may have had interacted with police it may not have had anything to do with the stars like will be in a brief recess for a penalty