Frank Rusek, 69, is accused of killing his wife Erna Sue Rusek, 68, with a shotgun on Feb. 28 and gave two incriminating statements to police. His attorney is now seeking to have the statements suppressed due to the fact that his client was drunk when he waived his rights under Miranda.
Rusek’s attorney Dan Bush has argued that a waiver is not valid if not given voluntary and competently — an unassailable argument. He further has shown that a breath test almost four hours after Rusek was arrested showed an blood-alcohol level that was almost twice the legal limit to drive. The issue will come down to how drunk Rusek was and whether being to drunk to drive is the same as to drunk to confess. This is why one should always have a designated driver and designated counsel on hand when drinking in public.
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