A woman has been cleared of felony charges after a judge decided this week that the police had used evidence from a search conducted in violation of constitutional rights to get her to confess to being involved in a fatal accident in north Minneapolis.
The Hennepin County Attorney’s Office dismissed the charges of criminal vehicular murder and criminal vehicular operations against Khyan Whitley, 35 of Minneapolis. She was charged in relation to the wreck on Nov. 13, 2021 that resulted in the death of Jonneekwa S. Donald (30) of Minneapolis.
The charges stated that Whitley’s vehicle “may have run a traffic sign and then T-boned (the victims’] car” in the 1400 Block of N. Morgan Avenue. The license plate was written down by a passerby who saw the car driving away.
The criminal complaint stated that Whitley confessed to the police on Dec. 8 and said she had fled the scene and covered her car because she did not have a license or insurance. Whitley had not held a valid license since 2008 when it was suspended.
In her filing for dismissal, Assistant County Attorney Kali Gardner stated that “the state is no longer capable of meeting its burden with suppressed proof… involving a improper search and the fruits that followed.”
The defense first raised the issue in October, and District Judge Paul Scoggin threw out the confession because the police “pulled the vehicle cover up enough to see the license plate,” leading them to Whitley’s confession.
The prosecution lost in May when it went to the Court of Appeals for the revival of the confession as evidence. Scoggin denied this week the latest attempt by the prosecution to have the confession readmitted. The County Attorney’s Office then conceded and dropped the case.
Sarah Shah, spokeswoman of the County Attorney’s Office said on Friday that “the charges cannot be refiled.”
Michael Donald, Jonneekwa Donald’s brother, stated that he was “in disbelief and mad at the courts” when he heard of the dismissal.
He and his wife, who raise their four children in Minneapolis, have added two of the three boys, aged 9 and 13, from his sister.
Michael Donald said, “We’ve been through a lot.” It’s crazy at times. We must go after [Whitley] in a civil manner. “Sometimes it’s crazy.”
Scoggin’s final ruling cited the exact police conduct he said violated Whitley’s constitutional protection from unreasonable searches and seizures.
Two police sergeants visited Whitley’s house about 3 1/2 weeks after her crash. They saw that a cover was draped over the car but that “extensive damages” were still visible. One sergeant lifted the cover to reveal the license plate. It matched that of the plate seen by a witness as the car fled the scene. The plate identified Whitley as Whitley.
The sergeants seized the car, knocked at the door, and spoke with Whitley’s child, who stated that his mother wasn’t home. Whitley was able to meet with the sergeants after they left their contact details. When she was asked about the damage on her car, Whitley admitted that she had been involved in the accident.
Scoggin wrote that “[Whitley] would have given a different answer if she had not been faced with the illegally seized evidence, front-end damage on her car and the fact it was seized by police.” The sergeants’ illegal searches also eliminated any possibility for [her] of providing an innocent explanation.
The court found that this factor favored [Whitley]’s statement, a fruit from the poisonous tree.
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