Tuesday morning there was a suppression hearing in Charlotte for Krystal Daniels. The hearing was to discuss if the polygraph test and interrogation will be permissible during her trial in February
General Crouch only called one witness to the stand, Assistant Special Agent Ronnie Faulkner. General Crouch went through the process of how the interview went with Daniels. This covered going over miranda rights, a few medical questions, and the events that led up to her talking to the police.
Agent Faulkner stated that Daniels could leave at any time, take breaks, and was not arrested at the time of the interview, making her there voluntarily. Throughout the interview Krystal was reminded that she could stop at any time and didn’t have to answer anything without a lawyer present if she chose to. In fact, she signed a sheet that stated that she understood her rights and proceeded to continue the investigation and polygraph test.
After going over the logistics of the interview, General Crouch then began to refer to the transcript of what Daniels said when talking with Agent Faulkner. Daniels said, “Jojo punched baby Joe in the face….I heard a cry and then it got quiet.” She then continued to say, “he [Joseph] said if I said anything, he was going to kill me”. After these two sentences during the conversation she told him to call the police, yet Daniels stated that Joseph said “tell them that baby Joe had ran away”.
After General Crouch finished with his witness, Krystal Daniels attorney, Flannigan then cross examined Agent Faulkner.
Flannigan then proceeded to ask several questions about the polygraph test that was given to his client, Krystal Daniels. He asked about logistics and what the goal of the test was for. In fact, Flannigan asked if the goal was to get a confession, yet Agent Faulkner stated several times that the goal was to get the truth.
However, Flannigan then continued with the questioning by stating that Agent Faulkner’ job was to just conduct the polygraph test and not investigate, yet he asked 196 questions to his client. Agent Faulkner responded by saying “not surprised, yet that’s procedure”.
Flannigan then continued his questioning by asking if innocent people can fail the polygraph test. There are several factors that come into play with a polylcraph test. Agent Faulkner agreed that it can happen at times.
Finally, Flannigan then asked if Daniels had been read her miranda rights again after being told she failed the polygraph test due to his calculations. Agent Faulkner then responded by saying that there was no point; however, Flannigan stated that it was unconstitutional to not do so.
Next, General Crouch then redirected to clarify that Daniels was there voluntarily and not In police custody. Then, Flannigan then had the same approach by asking if he told her she had the right to remain silent again, which he responded with no.
After both the state and defense rested, they met with Judge Wolfe off record. When Judge Wolfe returned to the bench, he announced that he would watch the full six hour video before making a ruling on this hearing. The next hearing will be on January 7th at 1:30pm in Cheatham County due to Judge Wolfe’s schedule.
