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Attorney seeks to suppress statements in homicide case

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Kevin Hoffman
December 11, 2010
— The attorney for a motorcyclist accused of killing a 30-year-old Janesville man during a traffic dispute this summer has filed a motion to suppress statements his client made to police.

Three motions will be reviewed in Rock County Court next month. That includes defense attorney Robert Junig's request to exclude all interviews police had with 44-year-old James Humphrey the day of his arrest.


Humphrey of Janesville is accused of fatally shooting Sam Aegerter on June 4 during a confrontation at a traffic signal at the Five Points intersection. Humphrey was riding a motorcycle, and Aegerter was in a Jeep.


Humphrey is charged with first-degree reckless homicide and two counts of first-degree recklessly endangering safety.


The motion states two officers questioned Humphrey at the Janesville Police Department. Junig said detectives violated Humphrey's constitutional rights when he was not read his Miranda warnings after invoking his right to an attorney.


After a second interview later that day, Humphrey allegedly made incriminating remarks to a detective as the two were walking at the jail. The motion asks the validity of those statements be called into question, since they were not visually recorded.


Junig also filed a motion to withdraw as Humphrey's attorney. He asked that the public defender's office evaluate Humphrey to see if he's eligible for representation there.


A third motion requests the state disclose "with great detail" promises or offers made to three witnesses in the case.


Judge Kenneth Forbeck will rule on the motions Jan. 12, when he also plans to set a trial date. Forbeck said the trial could be scheduled for February.


Humphrey faces up to 60 years in prison on the reckless homicide charge and more than 12 years on recklessly endangering safety charges. He still is in custody at Rock County Jail.



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