Police defend actions in case

Despite a judge’s ruling Monday that practices used by Carrboro police officers violated a man’s constitutional rights, the department still stands beside the decisions made by its officers.

Orange County Superior Court Judge Wade Barber ruled Monday to suppress self-incriminating statements made by Andrew Douglas Dalzell concerning the disappearance and presumed death of Deborah Leigh Key.

The statements were obtained by police when Dalzell was arrested Sept. 9.

Murder suspect Andrew Dalzell confessed under police pressure.

Police extracted a confession from Dalzell by using a fake warrant that stated that he was being charged with first-degree murder.

Police also used a letter stating that he would face the death penalty if he did not confess, written on stationary from District Attorney Carl Fox’s office.

“We understand and respectfully disagree with the court’s decision,” said Lt. Jim Phillips, head of investigations in Carrboro, on Tuesday.

“We have always believed the tactics and methods applied to this investigation were appropriate and within the bounds of existing law and procedure,” said police in a statement released Monday. “Despite the Court’s ruling today, we remain firm in that belief.”

When Dalzell’s case went to trial in December, the defense argued that police did not read Dalzell his Miranda rights until after they had obtained a statement.

Miranda rights, among other things, allow defendants to consult with a lawyer before giving any sort of statement.

“This case includes officers who have sworn to uphold the law but resulted to lawlessness to extract a statement from a man they believe to be guilty,” said James Williams, Dalzell’s attorney, during Monday’s hearing.

“The officers violated statutory laws and the Constitution of the United States to extract this confession,” Williams said. “They are not above the law.”

Dalzell has been the No. 1 suspect since Key’s disappearance on Dec. 1, 1997.

Seven years later, when he was arrested based on a charge of larceny by an employee, police thought they finally had the lead they were looking for.

But because of tactics used by the police officers, Barber ruled to suppress Dalzell’s testimony.

“Mr. Dalzell’s statements were induced by fear, threats, hopes and promises,” he said.

Friends of Key were in the courtroom Monday, wearing ribbons and pins in her memory.

“I feel he will answer to a higher power than the court,” said Joy Preslar after the ruling.

“I am disappointed but hopeful,” said Mike Hurlbert, another of Key’s close friends, following the ruling. “I think the judge was unfortunately right, and I think the police in desperation went too far.”

Fox said he was not surprised by Barber’s ruling.

“I knew there was a 50-50 chance of the judge suppressing the statements going into this,” he said.

Louis Bilionis, a constitutional law professor at UNC, said Barber’s ruling was consistent with the law.

“(Barber) practiced subtle legal principles and felt duty bound to exclude the evidence because the Constitution had been violated in several respects,” Bilionis said.

Fox moved for an appeal after Monday’s ruling and will speak to the N.C. Attorney General’s office this week to see whether an appeal will be made.

If the attorney general’s office is not optimistic about an appeal, one is unlikely to happen, he said.

“The judge, in ruling, knows this statement is critical to the state’s case,” he said.

“Without it, the defendant may or may not be tried.”

If an appeal is not possible, then the prosecution will have to rely on physical evidence, Fox said.

Dalzell is still being held in custody in Orange County Jail and will remain under his current bonds, altogether valued at $90,000, unless Williams decides to go to court to reduce the bond.

Dalzell still faces charges related to larceny by an employee.

He also faces six felony counts of sexual exploitation of a minor, filed separately based on evidence seized from his Carrboro apartment after his arrest.

A date has not yet been set for Dalzell to face the other charges.

Contact the City Editor at citydesk@unc.edu.