Suppression Affidavit filed Dec. 16 for Commonweath v. Ryan
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Transcript of Suppression Affidavit filed Dec. 16 for Commonweath v. Ryan
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8/8/2019 Suppression Affidavit filed Dec. 16 for Commonweath v. Ryan
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COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, ss. TRIAL COURT OF THECOMMONWEALTHDISTRICT COURT DEPT.NORTHAMPTON DIVISIONDOCKET NO. 1045 CR 1500
COMMONWEALTH
v.
W. MICHAEL RYAN
AFFIDAVIT IN SUPPORT OF DEFENDANTS MOTION TO SUPPRESS
HIS INVOCATION OF HIS RIGHT TO REMAIN SILENT
Now comes the Defendant, W. Michael Ryan, and being duly sworn does swear
and affirm that:
1. At approximately 8:30 on October 15, 2010, I was preparing to change a flat tire
on the car of my law partner, Barbara J. Plante, which was parked in the
Hampshire County Probate Court Parking Lot when I was approached by a
Northampton bicycle patrol police officer (Andrew Kohl) who asked me what I
was doing.
2. After explaining my purpose, Officer Kohl asked me where I was coming from
and where I was going to, and I told him I did not wish to answer his questions.
3. He asked me how much I had to drink, and I again declined to answer his
questions.
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8/8/2019 Suppression Affidavit filed Dec. 16 for Commonweath v. Ryan
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4. Officer Kohl violently dropped his bike and rushed over to me and angrily asked
me again where I was coming from and going to; I answered that I did not have to
answer his questions and I would not.
5. Officer Kohl asked me who was driving the car, and I said I would not answer the
question.
6. Officer Kohl asked me if I was driving the car; I answered No and stated I had
no license and had not driven a car in almost ten years.
7. Officer Kohl than turned to my law partner, Barbara Plante, and asked if she was
driving the car but before she could answer, I said I was her lawyer and advised
her not to answer his questions.
8. Attorney Plante then told Officer Kohl she would not answer his questions, which
visibly upset him further.
9. I asked Officer Kohl if I could change the flat tire, and he said no and that he was
going to have the car towed.
10. He instructed Attorney Plante and me to replace the items piled behind the car
which we had removed from the trunk to get the spare tire.
11. I told Officer Kohl that the car had AAA and asked if Attorney Plante could call
the tow company to save the towing fee; Officer Kohl angrily retorted it would be
a police tow.
12. As I was loading the spare tire back into the car, Northampton Police Officers
Wigmore, Liptak and Marguet arrived and began videotaping the incident.
13. Officer Kohl stated he was going to ask me one more time where I was coming
from and going to.
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14. I replied that I would still not answer those questions and that since I could not
change the tire and he was calling a tow truck for the car, we were through talking
and would be leaving.
15. Attorney Plante and I then attempted to walk away.
16. I was physically restrained by Officer Liptak who called me Judge and told me
I was being audio and videotaped by a camera in the cruiser and had to stay in
front of the camera until Officer Kohl finished his investigation.
17. At that point, I felt I was in custody and not free to leave.
18. I was never informed of my Miranda rights until they were read to me at the
police station during the booking process.
19. This affidavit does not include all the facts and circumstances known to me about
this event; it was prepared solely for the purpose of litigating the accompanying
Motion to Suppress.
SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY:
________________________
________________________
Date W. Michael Ryan
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