Attorney for teen accused of murder seeks to suppress police interviews
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Apr. 11—Public defenders told a judge Thursday that they believe their then-16-year-old client was illegally detained for more than five hours after the killings of his sister-in-law and two young nephews.
Eric Sweeney, now 17, was taken into custody at gunpoint on the day of the killings but not formally arrested and charged with the murders until eight days later, said public defender Morgan Taggart-Hampton.
The defense wants "to suppress the fruits of his illegal detention," and certain statements made to police. Portions of the hearing Thursday afternoon in Merrimack County Superior Court were held under seal and not heard by the public.
Sweeney was held beyond four hours in violation of state law, Taggart-Hampton said.
"In this circumstance, there wasn't a valid charge at that point and he should have been released," she said.
Investigators did request an extension of time through two different circuit court judges, according to court documents.
Prosecutor Scott Chase said it's absurd to think Sweeney would be immediately released at the four-hour mark given the complexity of a multi-jurisdictional investigation into a triple homicide involving more than 50 law enforcement agents.
"It certainly should not come back on the police as misconduct," he said. "They were clearly acting in good faith."
Sweeney is facing three counts of first-degree murder for allegedly killing Kassandra Sweeney, 25, and her two sons, Benjamin, 4, and Mason, nearly 2, in August 2022, and one count of falsifying physical evidence by discarding the murder weapon, a Taurus .40-caliber handgun.
He was living in the custody of his brother, Sean Sweeney, the husband and father of the victims, at the time of the slayings.
On Thursday, the teenager wore a black polo shirt and sat facing forward with his head down at times during the hearing, which lasted more than three hours.
A jury trial is expected to begin in November and last up to 10 days.
During the motion-to-suppress hearing, prosecutors called two witnesses before resting. The defense called three.
Chase played a video of State Police Sgt. Catherine Shackford reading a juvenile rights form to Sweeney on Aug. 3, 2022, inside an interview room at the Tilton police station.
"There is no pressure here. There is no rushing," Chase said. "There is no confusion."
Earlier in the morning, Shackford testified on the interview process, during which Sweeney was given food from McDonald's, water and a blanket. Sweeney asked to see his brother, Sean, after being told he could speak with a family member, friend or lawyer.
"The first focus was to allow Eric Sweeney to have time to speak to Sean Sweeney," Shackford said. Eric Sweeney did not choose to speak with his brother, she said.
Sean Sweeney was emotional and slid to the floor at one point during the interview, Taggart-Hampton said.
"There is no meaningful opportunity for Eric to be able to consult with him," Taggart-Hampton said.
No attempt was made to bring in another adult or a lawyer, and Eric Sweeney may not have fully understood his rights, she said.
Anatomy of an interview
Judge John Kissinger called the rights a "slow, careful, methodical reading" by Shackford after viewing the video.
The length of time Sweeney was in custody is a major issue, Taggart-Hampton said.
Northfield Officer Richard Paulhus testified about watching Sweeney for more than two hours inside an interview room as they waited for the State Police Major Crime Unit investigators to arrive.
He escorted him to the restroom.
"They did not want him to wash his hands," Paulhus said.
Stephen McAulay, a State Police major crime detective sergeant, testified about officers getting permission from two different judges for extensions of the interview. He was assigned to be the lead detective on the case.
Eric Sweeney told police someone broke into the home and killed the mother and sons.
'Reasonable adult'
"Any reasonable adult given what the defendant said his role in this, which was a witness to a heinous murder, would have walked in the room and said, 'You need to tell police everything that happened because there is a murderer out there,'" Chase said.
Taggart-Hampton said the tone and questions of the interview were also of concern, including a detective saying, "We'll go out and poke holes in the story all night long, but it is not going to change the fact that the three of us in this room know what the truth is; you are just scared to say it. We know that you did this, I just need to know why you are a monster,"
Kissinger will make a ruling on the motions at a later date.
