Interrogation
On November 16, Lieutenant Preston Cherka and Officer David Lail drove to Anthony's Trailer Park to find Powell and bring him to the police station for questioning. Powell came out of a trailer and allowed Cherka to take four photographs of him. He agreed to accompany Cherka and Lail to the police station for questioning as a possible suspect in a murder. Powell was told that he did not have to leave with them, as he was not under arrest at that time.
Powell and the officers arrived at the police station at approximately 4:00 p.m., whereupon Cherka began questioning Powell. Powell refused to allow Cherka to tape record the interview so Cherka made notes of what transpired shortly after the interview ended. Powell stated that he had gone to sleep at around 4:00 a.m. on October 31 after drinking with Don Weathers and Powell's girlfriend, Lori Yelton. Later that morning, Yelton and Powell took Weathers to the hospital because he had cut himself at some point during the previous night.
Cherka left the interview room and related Powell's statement to Ledbetter. While Cherka had been questioning Powell, Truelove had identified Powell from a lineup containing thirty-two photographs as the man he saw in The Pantry on October 31. Ledbetter informed Cherka of the identification and then accompanied Cherka back into the interview room. Powell again indicated he did not want to be tape-recorded and Ledbetter complied. Ledbetter told Powell about Truelove's identification and asked him if he wanted an attorney. Powell stated that he had not killed anyone and did not want an attorney. Ledbetter advised Powell of his Miranda rights and Powell signed a waiver of those rights, thereafter continuing to deny involvement in the murder.
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