A new filing in the ongoing Robert Felner saga from May 7th is rather interesting. It’s a motion from the U.S. Attorney’s Office that addresses Felner’s claims that he felt like he was in custody.
We learn that Felner knew/thought/suspected he was going to be charged with something:
At 3:08 into the interview Felner asks if he is charged with anything during the following exchange:
Felner: I’m charged with something on that, though.
Jewell: No, you are not being charged with something. OK. I mean…
Felner: But, I mean, some charges coming down the road I’m going to be…I’ll have a job that I can’t lose.
Jewell: Sir, I, I, I, I don’t know. I mean, I can’t talk to you about your personal stuff. I mean, I have no idea. I can’t give you guidance there you know. You are not under arrest today. Uh, You know, I’m not here to arrest you, or what, you know, at the end of the day, you get up and go home and do whatever you want to do … Uh, I appreciate your cooperation. Uh, my only question was, uh, we’ve covered the laptops, and, and one of them is in your bedroom drawer. And, the other…
At about 3:30 into the interview Tatum again tells Felner that they are just investigating and that he is innocent at this point. Felner says “I’m not innocent because I’ve done all these stupid things” and he adds that he knows he is in some trouble. At 4:48 into the interview Felner again asks if he could go to jail and Tatum says it is up to the U.S. Attorney’s Office, not the investigators.
One would think that a dean could understand the plain meaning of the statement “you are not under arrest.”
Pretty interesting, eh? And who knew the good folks at the USA’s office were so skilled that they could use snark in a filing with the court? Consider us impressed.
If you read the entire motion, it’s pretty clear that there’s no way Felner could have thought he was under arrest during initial interviews with him by law enforcement. Click here (Warning: PDF Link) for the entire document.
We’re no judge or legal expert, but let’s get real. Though, if you were in his shoes, we imagine you’d be feeling the heat quite a bit.
Interesting that Felner’s legal team is focusing on law enforcement’s common practices and their criticisms of those practices. Is that because they don’t want to deal with the nuts and bolts of the case or because they feel this is the only area where they’ve got a legitimate beef?
Hoo, boy. Gonna be a fun few months as this story unfolds. Stay tuned.