MADISON, Wis. (AP) — The state Supreme Court says statements a Whitefish Bay man made to police after he had retained an attorney are inadmissible in court.
Brad Forbush is fighting sexual assault and false imprisonment charges in Sheboygan County. According to court documents, detectives elicited potentially incriminating statements from him even though he was represented by an attorney.
Forbush waived his right to have his lawyer present during the questioning. He argued later, though, that he can’t waive that right after it’s been invoked and his statements must be suppressed.
A divided Supreme Court agreed, saying the interrogation was improper.
A spokesman for the state Justice Department, which handled Forbush’s appeal for prosecutors, called the ruling disappointing but said it will remind police to proceed carefully during interrogations.