Schuback interrogation is fair game, district attorney's office said

Sep. 29—State police and Lackawanna County detectives did not violate murder suspect Justin Schuback's rights in an interrogation because his repeated requests for a lawyer were ambiguous, the district attorney's office said Friday.

Judge Terrence Nealon should rule that Schuback's nearly two-hour interrogation March 31 regarding the death of Old Forge restaurateur Robert Baron is fair game for prosecutors as the homicide case advances to trial, new pretrial filings contend.

"Throughout the interview, (Schuback) does mention the word 'lawyer,' however, he did not unambiguously or unequivocally invoke his right to counsel," prosecutors claim in a brief filed Friday. "After uttering the word 'lawyer,' he began to speak with investigators and engaged in a dialogue where he asked questions and expected answers."

Schuback, 37, awaits trial on charges he killed Baron in January 2017 during a nighttime robbery gone wrong at Baron's South Main Street restaurant, Ghigiarelli's Pizza.

Schuback pleaded not guilty in June to first-, second- and third-degree murder, robbery, burglary and theft.

Defense attorneys Bernard Brown and Jordan Leonard filed motions earlier this month seeking to suppress evidence collected during the investigation — specifically the statements Schuback gave investigators after his arrest and crucial cellphone location data that helped pinpoint the location of Baron's remains earlier this year.

In a reply filed Friday, prosecutors argued they properly obtained data tracking the location of Schuback's cellphone by filing a search warrant in 2018, not through a court order a year earlier as Brown and Leonard claimed.

The prosecution's brief was signed by District Attorney Mark Powell, Deputy District Attorney Sara Varela and Assistant District Attorney Danielle Guari. They also argued there is no need to move the trial or bring in an outside jury.

Schuback's interrogators did not violate his rights through their continued questioning after Schuback declared he wanted an attorney, prosecutors argued.

The office cited case law where the state Supreme Court found suppression was unwarranted because a defendant initiated further conversation with the police and knowingly and intelligently waived his right to counsel.

After Schuback's arrest March 31, state Trooper Gregory Allen and county Detective Sheryl Turner spoke with him for two hours. They gave Schuback a cup of water, laid out the evidence and pressed for a confession.

"Nobody wants to spend the rest of their life in prison, but that's what you're looking at right now," Allen told him, according to a transcript. "You are looking at the rest of your life behind bars."

Schuback repeatedly denied he killed Baron.

"I understand what you showed me," Schuback said. "I don't believe it, though."

"Well, we wouldn't lie," Turner said. "We have no reason to lie."

"Oh yeah, cops never lie," Schuback said.

About a half-hour into the interview, Schuback said, "I need a lawyer."

Brown and Leonard argued the questioning should have ended then. It did not. Nealon will decide whether that was proper.

"You asked for an attorney so I am legally obligated to not ... to stop talking with you," Allen said, according to the transcript. "So that's what we are going to do if you're telling me right now that you want to stop talking to us and want an attorney."

"I don't know what to do," Schuback said.

"We'll answer your questions," Turner said.

"It doesn't make sense," Schuback said.

"OK, well then let's make it make sense," Turner said.

"It doesn't. I wasn't at these places," Schuback said.

Allen pressed Schuback on whether he wanted to keep talking.

"I need you to answer me, though," Allen said. "You asked ... you wanted a lawyer. I need you to tell me I want to continue speaking to you guys."

"I'll talk to you, but I'm not admitted to nothing," Schuback said. " ... What do you want me to say?"

Contact the writer: jkohut@timesshamrock.com, 570-348-9100, x5187; @jkohutTT on Twitter.

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