United States v. Higgins-Vogt, No. 18-1528 (7th Cir. 2018)
Annotate this CaseMars was the getaway driver to an armed robbery by Snyder and Higgins-Vogt. Days later, Mars’s body was found. While in jail on robbery charges, Higgins-Vogt never met with his appointed attorney but requested to meet with Brown. Brown was employed by a private entity, providing “counseling.” Higgins-Vogt had met Brown while incarcerated as a juvenile. Brown held no licenses in the field of mental health. Higgins-Vogt told Brown that he murdered Mars. Brown promised confidentiality but stated that she wanted the victim’s family to have closure. Higgins-Vogt eventually told Brown that he wanted to meet with Detective Patton about the weapon. After Higgins-Vogt waived his right to have his attorney present, the parties (including Brown and the State's Attorney) moved into an interview room so the questioning could be recorded. Higgins-Vogt provided the gun's location but claimed the information came from Snyder. Brown did not contradict Higgins-Vogt or state that he had confessed but elicited incriminating admissions. Police recovered the gun. Later, Higgins-Vogt told a Correctional Officer that he wanted to confess to a murder. On an inmate request form, Higgins-Vogt wrote: “I want to confess to the Paige Mars murder.” He told Brown that the confession was triggered by a conversation with his girlfriend. During a second interview with Detective Patton, Higgins-Vogt confirmed that he knew his rights and confessed to killing Mars. Higgins-Vogt later unsuccessfully moved to suppress the statements, arguing that Brown pressured him to confess. Brown denied any role in assisting law enforcement. Higgins-Vogt pleaded guilty and was sentenced to 60 years’ imprisonment. The Seventh Circuit affirmed while expressing its “strong disapproval” of Brown’s role at the jail. Higgins-Vogt, separate and apart from his interactions with Brown, voluntarily chose to confess to the murder.
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