Suspect says he felt pressure to confess

The man facing a second-degree murder charge for the death of a 20-month-old boy testified Wednesday that Spokane police detectives pressured him into confessing to the crime.

Avery E. Sam, 38, said he hadn’t slept for about three days before he was interviewed Aug. 5, 2006, by Detectives Mark Burbridge and Tim Madsen.

Devon Miller, the toddler who was in Sam’s care, died the next day from massive bleeding on the brain. Investigators believe Devon died from an assault that resulted in Shaken Baby Syndrome.

According to court records, Sam told the detectives that he had shaken Devon a month before the boy’s death. Sam told investigators that he became frustrated at having to change the boy’s diaper.

Then on Aug. 4, Devon got sick after receiving immunization shots. Sam again got frustrated because Devon had soiled his diaper several times, according to court records.

“Sam became frustrated and admitted that for about a minute he shook Devon back and forth, hard,” Detective Madsen wrote in his police report. “Sam advised that while being shaken, Devon’s head wobbled back and forth.”

But under cross-examination by Deputy Prosecutor Kelly Fitzgerald, Sam said he didn’t understand that he had the option to remain silent during his questioning with Burbridge and Madsen.

“It’s your testimony that the reason you admitted assaulting a child you loved is because you felt pressure?” Fitzgerald asked. Sam replied: “Yes. I felt pressure.”

Fitzgerald then produced a Miranda rights card Sam had signed, waiving his rights. She further asked Sam why he told the detectives that he was frustrated before shaking Devon.

“No, that’s what Detective Burbridge said. I was acknowledging their questions and just agreeing,” Sam said.

Fitzgerald also asked Sam about a statement he gave detectives about shaking Devon for about a minute before the toddler went limp.

“Two or three times is not a minute,” Sam said.

Fitzgerald then asked if Sam simply agreed with the detective’s statement or whether he in fact said he shook Devon for a minute.

“I agreed with them,” he said.

Asked again if he told detectives that he shook Devon for a minute, Sam replied: “Yes. It came out of my mouth.”

Fitzgerald also queried Sam about saying he hadn’t told doctors about shaking Devon because Sam was afraid he would get into trouble.

“It’s what I said, but it’s not what I meant,” Sam said. “At the time this was a serious thing. I was in the booking room. That’s what I said.”

Devon Miller and his 7-month-old sister were placed in the care of Sam and his wife, Angelique Sam, in a joint decision by the state Department of Social and Health Services and the Yakama Nation Tribal Court.

Angelique Sam is the children’s great-aunt.

A fatality review by DSHS, however, later revealed that Avery Sam’s previous criminal record should have prevented him from getting custody of the children.

That background check showed Avery Sam had convictions for drug possession, second-degree attempted theft and drunken driving. But that information was apparently not relayed by the caseworker in Toppenish to the caseworker in Spokane, according to an executive fatality review released last December.

Angelique Sam, also known as Angelique Tomeo, had two felony warrants for three counts of forgery at the time, according to court records.

“Under DSHS policy, the criminal history would have precluded placement with the relatives,” according to the fatality review.

Fitzgerald and defense attorney John Whaley are expected to give closing statements in the case today.