Roelofs’ attorney: Her rights were violated
In a packed courtroom at the Mille Lacs County Courthouse, Mary Roelofs made her second appearance before a judge on child neglect charges Wednesday, April 25.
So many family members, friends and neighbors came for an overwhelming show of support, Judge Sarah Hennesy had to ask those who could not find seats inside the courtroom to wait outside.
The hearing last week was to resolve two issues raised by Roelofs’ attorney, Kevin DeVore of the Larson King law firm in St. Paul. DeVore questioned the clarity of the identification of the victim in the charging documents. He is also pursuing an argument that Roelofs’ Miranda Rights had been violated.
Hennesy heard testimony from three law enforcement members that day on the matter of the second issue. Investigator Brad Barnes of the Mille Lacs County Sheriff’s Office testified that he was called to the Roelofs’ residence on Dec. 10, 2011 after his assistance was requested from another investigator.
“I introduced myself and I asked her if she wanted to talk. Then we went out to my squad car,” Barnes testified. “She wasn’t angry. She wasn’t sad. It was just a normal conversation between the two of us.”
That conversation was recorded with an audio device, after receiving the approval from Roelofs to document the discussion, Barnes said.
During the cross-examination, DeVore asked Barnes why he never told her those statements could be used against her in a court of law, and why he didn’t tell her she had a right to an attorney.
Barnes testified that he didn’t read Roelofs her Miranda Rights because she wasn’t placed under arrest.
Investigator Don Lorge also testified at the hearing pertaining to his part in the investigation. DeVore questioned his role in an additional interview of Roelofs conducted by Family Services on Dec. 23. Lorge told the court he did not read Roelofs her rights during this interview.
County Prosecutor Melissa Saterbak made it a point to question the investigators if it is policy to read Miranda Rights to individuals who are not placed under arrest. Both investigators testified that is not procedure.
This is the second court appearance Roelofs has made stemming from child abuse and neglect charges that accuse her of placing a 3-year-old boy outside several times during a cold, winter day without proper clothing and of physically abusing the boy that resulted in bruising.
Hennesy instructed the defense and prosecuting attorneys to submit brief, written submissions pertaining to the issues raised at this hearing and also requested additional motions be filed by Friday, May 11.
sure is amazing how many people came out to support mary , how many came out to support the 3 year old boy? and if all her lawyer has is to say she wasnt read her rights well that says it all . every one in this county knows you dont get youre rights read to you unless youre under arrest . brad barnes is one of the best deputys we have and takes his job very serously and trys his best to do it as well as he can i know him and i know mary and nothing excuses how that child was treated and sure dont sit well trying to turn it around and say the cops didnt do their job when they trampled on her very lightly if she wasnt under arrest cause belive me no officer wants to deal with some one that has abused a child its the hardedst part of their job . if any ones rights were violated it was the 3 year old childs wish his mom had asked me to come show support cause belive me i woudl have filled the town with like minds . christion people better wake up and realize you are not above the law and god will judge you even if the courts of man let you off with a technicality , god bless all the fine people that are prosecuting this case just hope the jurry does their part and justice is served .
I agree with you it would be a wonderful show of support to the child and his family. I think that the family has gone through a horrible time in all of this and the support would be a good way to show them that there are people out there that are behind them. I think that Mary’s expensive St. Paul lawyer is trying to discount the ability of our small town police officers to know how to do their job. I find it insulting for him to say that they are incompetent. I also think that people should be more concerned about the rights of the child being violated. Everybody knows that you do not get your rights read to you unless you are arrested, police would be reading rights to everybody they pulled over for speeding if they were expected to do that every time they asked anyone questions. As for Mary being a Godly woman, arrogance does not make you Godly. No godly person does this to a child or adult for that matter. Every time I have had contact with this family I knew that their Christianity was a front, they were arrogant and self righteous, going to church does not make you a christian. What makes you Godly is being loving and kind when it is not convenient and when no one is watching. I think that the reason that this is the first time this has been reported is because the child was not a foster child it was the child of someone who worked for Mary so it was taken seriously. I wounder how many foster children have told their parents about abuse and when it was reported it was not taken seriously?
I believe we as Jesus followers we should pray for this family and flood the courthouse for this little boy and his mother to show them that the world is here to support their family. Could you imagine the love this mother, child, and the rest of their family will feel with a courthouse full of supporters there on their side showing their support and sharing their love, what strength that will give this family when we all show up there for them. The pain I know this little boy had to suffer and still will have to suffer the rest of his life due to the hands of this women who claims to follow our father in heaven. She will have her day, I hope that she gets punished for this. I will be at the courthouse to support this family I hope many others are too. So feel free to come help me support this family.