In the hours after his arrest Smith told FBI agents he “effed” up when he took a seven thousand dollar bribe. Then he took them to his house and gave them 25 hundred dollars in cash that he still had leftover from the bribe. His lawyers asked the judge overseeing the case to keep those comments out of the trial.
They argued that a prosecutor came into the interview room with a sentencing guidelines book. They say Smith thought they were engaging in plea negotiations and therefore the statements can’t be used at the trial.
Prosecutors told the judge said Smith was read his rights and then talked to FBI agents for four hours before the prosecutor even showed up.
In denying Smith’s motion Judge Sharon Johnson Coleman said it was not a plea negotiation. She said the prosecutor brought the sentencing guidelines book into the room only after Smith asked what kind of time he was facing.