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Berkovitz attorneys seek to suppress
tape in murder case
Star Tribune - Margaret Zack,
Published January 27, 2004
"Well, she's not going to take any of Daddy's money anymore,"
Susan Berkovitz told a Hennepin County deputy sheriff shortly
after she allegedly shot two people in the Government Center last
fall. "He worked hard for that money," she said of her
father, Hyman Berkovitz.
She
is accused in the Sept. 29 shooting death of her cousin, Shelley
Joseph-Kordell, 56, of Minnetonka, who had been appointed conservator
for Berkovitz's father's estate.
Joseph-Kordell's
attorney Richard Hendrickson, 53, of Crystal, is recovering from
injuries he received when he also was shot on the 17th floor of
administrative tower of the government center.
"They
[Joseph-Kordell and Hendrickson] took my inheritance he left for
me. They wouldn't stop. They mimicked me. They sent me letters,"
Berkovitz said.
The
tape was shown as part of Monday's hearing about what evidence
should be allowed in the case.
Berkovitz
has been indicted on charges of first-degree murder and attempted
first-degree murder.
Berkovitz's
statements were taped after she was taken to a Hennepin County
deputy sheriff detective's office.
She
was taken to the office in the Grain Exchange Building after the
shootings.
The
video was made after Berkovitz had been told of her rights and
had asked for an attorney.
Berkovitz
was alone with Deputy Felicia Chesmer-Buhta, who said she was
not there to question Berkovitz but because a detective had requested
that a female deputy be with her.
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Berkovitz's
attorneys Daniel Homstad and Diana Lugo are seeking to have the
statements suppressed, but prosecutors claim the statements were
made voluntarily, not as part of an interrogation.
On
the tape, Berkovitz talks about the Vikings game the day before
and the chances the Yankees had in the playoffs. Then she said
she went to a gun show last summer.
"I
never handled [a gun] before. I did some target practicing. This
really upset me what they [Joseph-Kordell and Hendrickson] did.
They just wouldn't stop," Berkovitz said.
According
to the criminal complaint filed against Berkovitz, she did go
to a gun show last summer, where she bought an antique .38-caliber
Smith & Wesson revolver.
Chesmer-Buhta
said she had asked Berkovitz if she was living in a shelter when
Berkovitz started talking and then continued for about 30 minutes.
The only other question Chesmer-Buhta said she asked was whether
Berkovitz wanted a drink of water.
In
the video, Berkovitz is upset about what she saw as the mishandling
of her father's estate. In one part, she said: "I had $40,000,
now I'm down to $200."
Defense
attorney Homstad asked Chesmer-Buhta whether she had tried to
stop Berkovitz from talking; Chesmer-Buhta said she had not.
When
Assistant Hennepin County Attorney Mike Furnstahl asked the deputy
if Berkovitz demanded an attorney, she said she had not.
"Did
you sense she wanted to talk to you?" Furnstahl asked. "Yes,"
said Chesmer-Buhta.
On
the day of the shootings, Joseph-Kordell and Hendrickson asked
for an officer to escort them to the 17th floor for a hearing
about a restraining order that Berkovitz had sought against Joseph-Kordell.
The unarmed security officer, Mike Frost, testified Monday that
Joseph-Kordell asked to go to the bathroom. She expressed concern
for her safety and told him not to allow anyone else inside.
After
she went in, he heard what sounded like a fire cracker -- the
shot that hit Hendrickson -- and saw a woman later identified
as Berkovitz come toward the bathroom with a gun. Then Berkovitz
went into the bathroom, and he heard shots and saw her come out.
Minneapolis
Police Cpt. David Shotley, who responded to the shooting, said
he asked a woman in the bathroom if she was the shooter. He said
she replied that she was. He testified that she told him, "They've
been taking my Dad's money for three years."
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The
hearing will continue March 12.
Margaret
Zack is at
mzack@startribune.com
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