Judge rules Cory Bigsby’s statements to detectives can be used at trial in child neglect case

A judge ruled Thursday that Hampton prosecutors can use as trial evidence the statements Cory Bigsby made to detectives about leaving his four young boys home alone when he was questioned about his son’s disappearance.

Circuit Court Judge James Hawks denied a motion by Bigsby’s attorneys to toss the admissions he made while at police headquarters in the hours after he reported his 4-year-old son Codi missing in late January.

Codi has never been found, and no charges have been filed in his disappearance and presumed death. But his father faces child neglect and child abuse charges, mostly related to other occasions his children were left unsupervised. A jury trial in the child neglect case — with 30 counts pending against Bigsby — is scheduled for Nov. 7.

There were about 14 hours between Bigsby’s arrival at police headquarters in the early afternoon of Jan. 31 and a heated argument he had with a Hampton detective at 4:13 a.m. on Feb. 1.

During that time, police said, Bigsby made several statements about how he’d often leave his four children — ages 2 through 5 — home alone for hours at a time. His admissions have formed the crucial part of the pending case.

At the start of Thursday’s hearing, Bigsby’s attorney, Curtis Brown, asked Hawks to toss all the statements Bigsby made during his time with several detectives and three FBI agents.

“I’m asking the court to suppress all the statements, every last one of ‘em,” Brown said. “For the way they mistreated him, from the beginning to the end.”

Though detectives acknowledge Bigsby told them at least 20 times that he was tired — sometimes adding that he wanted to go home — Hawks pointed out that he didn’t stop the conversations.

“He doesn’t say ‘I’m not going to talk,’” the judge said. “He doesn’t say ‘It’s over.’ He doesn’t say, ‘Get me a lawyer.’”

Though Bigsby was tired, Hawks added, “fatigue is not sufficient” to show that police “overran his will” in pressing him to give a statement. The judge also ruled detectives didn’t otherwise coerce or threaten him to confess.

About 14 hours into questioning, during an argument with a detective over the results of a lie detector test, Bigsby finally asked for a lawyer, saying “Get me a (expletive) lawyer.” He asked again about seven minutes later.

But police detectives ignored that request, and Bigsby remained at the Hampton headquarters for another two and a half days before being arrested and charged Feb. 3 on several counts of felony child neglect.

A few weeks later, Hampton Police Chief Mark Talbot said an internal investigation found that Bigsby’s request for an attorney wasn’t properly honored. Talbot also said he had removed lead detective Daniel Smith from the case.

Hampton Commonwealth’s Attorney Anton Bell said Thursday that prosecutors would not be using at trial any of Bigsby’s statements to police after he asked for a lawyer. Bigsby didn’t say anything “useful” after that point anyway, the prosecutor said.

Bigsby reported Codi missing from the Buckroe home Jan. 31. He told police he had last seen him in bed about 2 a.m., but that he was gone when he awoke seven hours later.

Bigsby and his two other children came to the Hampton police headquarters voluntarily at about 1:30 p.m. that day, with Bell saying the family was free to come and go.

Bigsby spoke with detectives for about an hour, but otherwise was mostly in a lobby with his children. The family was given snacks and pizza, and could use the bathroom unescorted. Bell said they could leave the building and go home if they wanted.

Smith testified that he read Bigsby his Miranda rights at about 2:30 p.m., telling him he had a right to remain silent and to an attorney.

Two FBI agents came in that afternoon. A third FBI agent, Liza Ludovico, came early that evening to administer a lie detector test. Ludovico said Thursday she administered a second Miranda warning before beginning the polygraph process about 9:33 p.m.

Though police hadn’t told Bigsby he was being detained, Hawks ruled Thursday that he considers Bigsby “in custody” from that point on.

Smith testified that based on Bigsby’s prior statements, police had enough evidence to charge Bigsby with felony child neglect if he tried to leave. But they held off on filing kept those charges for days, still hoping he would provide more information about Codi’s disappearance.

“The No.1 priority was finding Codi,” Smith said.

Ludovico testified that after she finished administering the lie detector test at about 1 a.m., she interviewed Bigsby for another few hours “post-exam” until about 4 a.m. Smith and two other FBI agents came in and out of the room during that time.

After learning that Bigsby believes in God, Ludovico used that in the ensuing conversation, telling him in part that God “sees everything that happens.” Ludovico said she uses her Christian faith as a “connection point” with people she’s interrogating.

“It gives perspective to what’s really important,” she said.

When Bigsby brought up several times that he was tired, Ludovico said she replied that “we’re all tired” — but they needed to keep working to find Codi.

“He agreed and said he’d do whatever it takes,” Ludovico testified, saying Bigsby told her he was “committed to staying in the room the entire time with us.”

Part of her job, she acknowledged, was “to get him to stay and keep talking.” Ludovico also acknowledged telling Bigsby that in light of his admissions about leaving his young children at home alone, he might not be going home at the end of the interview.

Just before 4:13 a.m., Smith and Bigsby got into a heated argument about the results of his lie detector test. “I was frustrated because (Bigsby’s story) didn’t make sense with the facts we had at the time,” Smith testified.

Smith said he reflected for a moment about what happened, but did not take steps to allow Bigsby to get an attorney.

Ludovico, who had briefly left the room, walked back in immediately after the tense discussion.

“That atmosphere was very different,” she said. “It was very silent. His arms were crossed. It was evident that there was tension in that room.”

Peter Dujardin, 757-247-4749, pdujardin@dailypress.com