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Frein lawyer: Suppress statements

State police troopers who interrogated accused cop killer Eric Matthew Frein violated his rights when they continued to question him, even though he said he didn't want to talk about "any crime," his attorney says in a motion filed Tuesday.

Attorney William Ruzzo also claims authorities erred when they refused to tell Frein an attorney his parents hired wanted to see him. Those violations mean any incriminating statements Frein made must be suppressed, Ruzzo said in the motion filed in Pike County Court.Ruzzo is also challenging Pike County District Attorney Ray Tonkin's decision to seek the death penalty, arguing it is unconstitutional.Frein, 32, of Canadensis, is charged with killing Cpl. Bryon K. Dickson II of Dunmore and seriously wounding trooper Alex T. Douglass of Olyphant during an ambush on Sept. 12, 2014, outside of the Blooming Grove barracks. Authorities captured Frein on Oct. 30, 2014, after a 48-day manhunt that stretched across Pike and Monroe counties and involved hundreds of state, local and federal officials.In the suppression motion, Ruzzo says a video of the interrogation shows Frein voluntarily told troopers where he had stashed some rifles inside the airplane hanger he had hid in while on the loose. Frein did so, Ruzzo said, because he was concerned children might find the weapons.Shortly after making that statement, police read Frein his Miranda rights against self-incrimination and asked him to sign a waiver of those rights, which he declined to do. He then told troopers he would discuss the rifles, but said, "I do not want to talk about any crime."Ruzzo contends Frein's statement meant he invoked his right to remain silent. He said the law clearly states police must stop questioning a defendant once he or she invokes that right, yet the troopers continued to question Frein for another three hours.The troopers were very skillful, Ruzzo says, using proven interrogation techniques, including praising Frein's parents, calling Frein "buddy," telling him he was "famous" and expressing empathy for him by "telling him he (Frein) feels bad and is showing remorse."That shows they were experienced investigators and should have known they were required to stop questioning Frein."It boggles one's mind to believe that two experienced, well-trained officers interrogating what is perhaps, according to them, the second most wanted man in America are unaware of Miranda's proscriptive commands," Ruzzo said. "The mere fact that Frein may have answered some questions … does not deprive him of the right to refrain from answering any further inquiries."Ruzzo also faults police for not telling Frein that attorney James Swetz, who was hired by Frein's parents, was at the barracks to see him while he was being questioned. Swetz asked to see his client, but was denied.The motion filed regarding the death penalty cites arguments commonly used in most death penalty challenges, including that it constitutes cruel and unusual punishment and that it violates a defendant's right to due process.Prosecutors will have an opportunity to respond to the motions. Judge Gregory Chelak will issue a ruling at a later date.Frein remains at the Pike County Correctional Facility, awaiting trial.