Teen Suspect In Barnard Death Questioned Without Lawyer: Defense

MORNINGSIDE HEIGHTS, NY — A 13-year-old boy facing charges in the slaying of Barnard College freshman Tessa Majors was questioned by police without any legal counsel present, according to public defenders representing the boy in family court.

Lawyers from the Legal Aid Society said in a statement Tuesday night that they are "absolutely troubled by the fact that our client was questioned and interrogated by police without an attorney present. We must ensure that our client’s constitutional rights are not violated."

The public defenders added: "Our client is a 13-year-old child who is presumed innocent with no juvenile record. History is full of examples of high-profile cases tried in the media, rushing law enforcement to a wrongful arrest and conviction."

NYPD Spokeswoman Sergeant Mary Frances O'Donnell told Patch that the NYPD did not violate the 13-year-old's rights. The suspect was questioned with a legal guardian, his uncle, present and both agreed to waive the boy's Miranda Rights, the NYPD spokeswoman said. The law does not require an attorney to be present during a police interrogation, O'Donnell told Patch.

The teen was arrested the day after Majors was stabbed to death last Wednesday evening while walking through Morningside Park, police said. With a family member present as police questioned him, the teen told how he'd been there as Majors was killed, police said. Officials say that while he admitted having handled the knife, he said that he did not participate in the stabbing.

Information given during the interrogation resulted in the arrest of a 14-year-old boy, who was later released. A third suspect, another 14-year-old boy, set off a manhunt in Harlem after jumping from a car while being taken in for questioning by a family member.

Majors' killing stoked fears that the street crime once common in New York City decades ago is returning, a premise that police and City Hall officials rejected. The killing also drew comparisons to the 1989 Central Park jogger case, in which black teenagers were arrested in connection with a brutal attack on a white woman in a city park. Manhattan Borough President Gale Brewer warned the NYPD to not repeat the same mistakes in that case, which led to five innocent teenagers being wrongfully convicted, the Daily News reported.

Lawyers argued in family court Tuesday that the case against the 13-year-old should be dropped, but a judge ruled that enough evidence was presented to continue the case, the New York Times reported. During Tuesday's hearing, public defenders accused police of badgering and yelling at the teenage suspect during questioning, according to the report.

Charges against the teen, who is being prosecuted in family court because of his age, include second-degree felony murder, robbery and criminal possession of a weapon.