Suppression of evidence granted in Clearfield murder case

A confession and other statements made by a Bedford man charged with first-degree murder and possession of a firearm by a domestic abuse offender, will not be used in his prosecution.

Attorneys for Alan J. Schultz, 37, of Bedford, filed a motion Aug. 29, to suppress interviews held by Iowa Division of Criminal Investigation Agent Jared Kaster while investigating a murder in Taylor County. The motion to suppress cites violations of Schultz’s Fourth, Fifth and Sixth Amendment Constitutional rights and his right against self-incrimination as provided in the due process clause of the Iowa Constitution.

On July 4, a shooting was reported at Bootleggers Bar & Grill in Clearfield. When officers arrived, they found Colby Nelson, 19, of Lenox, deceased outside of the establishment, with an apparent gun shot wound to the head. Standing near Nelson’s body was Shultz who told officers he was the shooter before being detained and placed in a patrol unit.

An interview was conducted with Schultz July 4, by Kaster at the Taylor County Sheriff’s Office. During the recorded interview Schultz was first read his Miranda warnings and was then asked to “walk (Kaster) through the sequence of events” of the night, to which Schultz replied, “Not without an attorney.”

Kaster acknowledged Schultz’s response but did not stop questioning.

“Clearly by the question’s I’m asking, you can tell I don’t know much about it. Is there anything you can tell me that would kind of help me understand why we’re here?” Kaster continued. Schultz then gave an account of the night’s events.

Iowa Assistant Attorney General Monty Platz filed a response to the motion Sept. 27, stating the state did not resist the motion to suppress. The response found all statements made by Schultz July 4 after he said “Not without an attorney,” should be suppressed and agreed the statement was straight forward enough an officer would understand it as a request to consult an attorney.

On July 9, while incarcerated in the Adams County Jail, Schultz was again questioned by Kaster. This questioning occurred after Schultz had been charged and granted counsel the previous day. The state agreed with the defense and found the interview, in its entirety, including self-incriminating statements made by Schultz, be suppressed. This being due to law enforcement initiating contact with a formally charged Schultz, without an attorney present and without Schultz waiving his right to counsel.

During the July 9 interview, Kaster acknowledged an attorney had been appointed to Schultz, which Schultz confirmed but stated he had not had contact with them. Schultz told Kaster he was willing to listen to him and reiterated the same statement when asked if he was willing to talk.

A scheduled hearing on the motion will not be held due to the state agreeing all requested statements made by Schultz be suppressed.

Schultz pled not guilty to all charges at his arraignment and is scheduled for a pretrial hearing Oct. 22.