sae BW SHE CIRCUTT COURT TH AND FOR POLK COUNTY, FLORIDA STARE OP FLORIDA Plaintice, : va. ASE Wo. cra4=2365 1.0 AND RECO 00K. ot DOUGLAS BARL DAVIS, Defendant. 0. “2Up" ooeos womzoN 70 suppanse starenents °’— COMES HOH the Defendant, DOUGLAS EARL, DAVIS, vy and through his undersigned attorneys, and moves this Honorable Court eo suppress for use ae evidence, in any triat of tthe above styled caus, chat cereain atatenent or contesaion Given Wi1lsan McCallister on July 9, 1994, and that certain atateneat or confession given Robert Parnell, and othera, Ammediately folloving the statenent given Mecalliater and thereupen DOUGLAS EARL DAYTS aaya: A. Thak DOUGLAS EARL DAVIS sgreed, after pressure from experienced police officers, and without benefit» Of advice of counsel, to aubeit to polygraph exanination 2. That William McCallister, Deputy Sheci€t, rolk county shertee Office, was desionated to adnintacer Bach polygraph examination 3. That on July @, 1984, Deputy sherLes meceliister waa an expecienced police ofticer of vaat experience in the field of psychological persuasion and coercion with 8 great usber of interrogations as part of hia experience 4. That on July §, 1984, DOUGLAS BARE DAVIS vae an 26 year old youth of questionable education, marginal Pental capacities (compared to the ncen) possible physical brain damage, subject to intervals of insanity within the paroneters of the Mctiaghten Rule, totally out of Me element, with no prior experience with the police and in threatening surroundings. He had been tha aubsect Of hours of interrogation preceding his questioning by Me. MeCalligter, vaa tired, frightened and hungey. tte had been repeatedly accused of having connitted the double capital crime of tyo (2) murders, which he ateadtantly dented, had not concuited counsel and had not the intellec to vaive such consultation. fis family vas indigent and had no funds vith vhich to ratain counsel had that thought 5+ That Deputy shecife wocalliater exacted paychologice?coercion and exerted improper and undue influence on the Defendant's mind throughout the eix (6) polygraph teats he adnintatered, lasting for sore than three hours, by telling the Defendant: (a) that everybody 44 upset and nervous about coming ta a polygcaph * (b) by ausgaating that when a person Lies "he fools buttertites in nis atonach, hie heart speeds up and hie pales eveat" (ec) that “everybody naa a fear of being caught and a fear of being punished (6) by using the confusing description of @ polygraph a5 a veighing youcael! against yourself” (e) by Eeninding the Defendant of his feelings vnon he vos a child and Lied to his pacents or to a teacher and would be beaten for having Gone so (£) by telling the Defendant that he vas not going to ask him about any peice exines or drug vaage and then by structuring the pelygeaph questions to include questions about prior ceines and deug usage (a) by telling the Defendant that the polygraph machine wa one uoed by "the United States Army and tha Federal Governnant” and vex highly reliable (h) by telling the Detendant that he vas "going to worry Goring the test,end that he would be unable to relax sand that there wae nathing he covld do absur Le” (3) by telling the Defendant thet he {Deputy Shorift Hecaliister) vas going to knew wnen the Defendant was dying be din (3) by constantly adjusring the pressure cuffs of the polygraph while repeatedly giving the Defendant directions to Mt as perfectly still aa ne had jee eat in hie life, te keep Me feet flat on the floor, to position his hands in a certain way, to save closer to the machine, to leok ateaight ahead, to open his eyes, to close nia eyes and ta concentrate on honesty and integrity * (x) by tolling the Defendant that he (Deputy sherite necaliiater) could tell when his heact beat speeded ups ‘ven vhen ho vas telling the trsthyand that if vaa Just nerves probably" (1) by telling the Defendant chat the polygraph test Indicated thet he had Lied and that he (Depury sheritt Hecaliister) nad xnoun before he gave the Defendant the test that he couldn’ pasa ity But that he vanted to give Lt be be fair to his [n) by telling the Defendant that he atructures tne questions DEG 2m 1D, MBUB” BOON, esfon the polygraph and adninietered the excessive ousser of teste Tor the Defendant's benefit * (a) by telting ene Defendant that the test” by holding his beeath,and thut that was vhy hhe had to administer 0 many teste, and that the Defendant van attempting totdescroy his charts", bet that he (Deputy Sheriff Mecaliister) just "Let that cide" and didn't mention At on the tape, vhen he usually just stopped the test when people vere trying to defeat it he va *ressing vith (eo) by eetling the Defendant that he (Deputy shorift McCallister) knew the Defandant was involved and chat he needed to go ahead and “aguare ir avay", by telling the Defendant that "it suat really be bothering you Decaua F ean look at your eyes...you Look on the edge and it's really bugging you....1'11 just do vhatever T can that's in Your benefit. tm not here to scream at you, I'm not heca to hurt you. I€ 1 ean help you Sn any way, that's wnat I'm here fory okay. You've cold mea lot of atufe tn confidence, and you know Z'L1 hand it to you, you've got & problem and you're going to nave to get it squared avoy."y thereby deleding the Defendant's mind es to Deputy Sheriff MeCallister's true purposes in the interrogation {o) by telling the oetendant that ‘we all moke mistakes", Geluding the Defendant's mind aa to Als true position of being a suspect to capital murder, aa opposed ta one who hag juat ‘mages mistake (a) by tricking the Detansant by telling the Defendant TRAE he Mad not told che Inveatigators about seeing a truck with © black male in tt at the sueder scone whens In fact, the Defendant had told the investigators of sceing the tewek and the black male, all of which is reflected in the police reports, and by telling the Defendant chat the policehad the evidence on hime (e) by cursing the Defendant by repeatedly telling the Defendant that he conmicted the crimes and wae lying, by Imnediatiey thereafter intereperaing conments to the effect that he Liked the Defendant, that the Defendant vos a nice guy and had cooperated vith hin and that he hag not given hin any trouble, that ne wanted te clear hin "something bad", insediatoly folleved by the statenente "you've got to tell ne son. You've got to tel! me who id it. You are on the edge, you've got to tell ne. You can't stop nov. For God's sake don't get yourselt in this kind of trouble:", imeediacely folloved by telling 200k pac -3- DEO 26 1384 .D."BUD" DKON, Crk