Pair charged with shooting Clairton officer ask judge to throw out their confessions
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Marcus Andrejco -
Emilio Rivera
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Two men accused of shooting a Clairton police officer during a home invasion last April asked an Allegheny County judge to throw out their confessions.
Attorneys for Marcus Andrejco, 19, of Rankin; and Emilio Rivera, 26, of McKees Rocks, argued that the interrogation techniques used by Allegheny County homicide detectives were improper.
In addition, Mr. Andrejco's lawyer, Ralph Karsh, claims that investigators kept his client handcuffed and in custody, even though he was not under arrest.
Mr. Rivera's attorney, Frank Walker, additionally has challenged wiretaps used by the police, saying that officers did not legally obtain them.
The hearing before Judge Edward J. Borkowski began Wednesday and will continue Friday.
Mr. Rivera and Mr. Andrejco are charged with forcing their way into a home on Miller Avenue in Clairton on April 4. When police arrived on the scene, Officer James Kuzak was shot five times -- though his bullet-proof vest stopped two rounds.
Mr. Kuzak was paralyzed.
Mr. Andrejco was taken into custody by county detectives at his Hawkins Village home four days after the incident. He was picked up on a search warrant to obtain fingerprints and a photograph and was taken for processing.
Detective Timothy Langan said he then asked Mr. Andrejco if he would accompany him to headquarters for an interview.
Mr. Karsh repeatedly asked if his client remained in handcuffs even after the photograph and prints were collected.
Detective Langan said he did, because it was "prudent."
The detective described Mr. Andrejco as being cooperative and polite. Though he initially denied involvement in the crime during his police interview, Mr. Langan said that the young man eventually admitted what happened.
"He became very sullen. He was crying," the detective testified. "[He said] 'it went bad. The [robbery] went bad. They got there so fast.'"
Mr. Karsh argued that Mr. Andrejco's confession should be inadmissible at trial in April.
"We allege there was coercion, threats, promises," he said. "This is an 18-year-old."
When the hearing continues Friday, Mr. Rivera is expected to testify. Mr. Walker claims that his client is innocent and that his confession was improper.
"It wasn't freely given," Mr. Walker said.
Obtaining a conviction at trial could be made more difficult because police arrested two other men initially and charged them with being involved in the home invasion and shooting, only to dismiss the charges later.
Mr. Rivera wasn't arrested in the case until October, when officers listening to a wiretap claim they heard him planning a similar robbery in Crafton in which he wanted to have another man killed.
First Published February 2, 2012 12:00 am
