State asks court again to suppress Riggs' statement in murder case

The state asked the court Monday to reconsider suppressing a Nebraska man's statements to an investigator after he was arrested for the slaying of a maintenance worker at an I-80 rest stop near Victor last year.

Sixth Judicial District Judge Nancy Baumgartner granted the defense's motion last month to suppress statements made by Peter Riggs, 32, of Columbus, Neb., who is charged with first-degree murder. Baumgartner said in her ruling that Riggs invoked his right to remain silent but an investigator continued to question him about the shooting and death of Jeffrey McAdam, 46, of Victor, May 29, 2010 in the men's restroom at the rest stop.

Assistant Attorney General Douglas Hammerand argued Monday that Riggs statements were ambiguous and the court used a subjective standard rather than an objective standard to determine if a reasonable law enforcement officer in the circumstances would understand Riggs' statements as invoking his right to remain silent.

Riggs was asked if he was willing to talk to police after being read his Miranda rights. He first said "not really" and then said "I don't but I will." The investigator asked again if he was willing to answer his questions and Riggs replied "Yeah" and then later said "I don't care."

Johnson County Public Defender Peter Persaud argued against the motion to reconsider, saying the court made the appropriate ruling. Riggs invoked his right to remain silent and he asked the court to deny the state's motion.

Baumgartner in her ruling last month said Iowa Division of Criminal Investigation Agent Darrell Simmons didn't do enough to ensure Riggs, who has mental deficiencies, understood each of his legal rights.

"I find, under the totality of the circumstances, that the Defendant's waiver of his Miranda rights was not knowingly, intelligently or voluntarily made," she stated in the ruling.

Baumgartner said she would take this motion under advisement and make a written ruling soon.

Riggs' trial is set Oct. 17 in Scott County District Court in Davenport.