PORT ANGELES — Arguments over whether Lauryn Last’s statements to police can be used during her trial concluded Thursday in Clallam County Superior Court, and a decision is expected in September.
Last, 18, is charged with second-degree murder in the death of her newborn boy Dec. 30, 2008. She was 16 at the time.
The long-continued hearing, which began in November, focused on her mental state, with the defense arguing that incriminating statements she allegedly made to police should be suppressed because she could not comprehend her constitutional rights.
“She just wanted to please people and say what they want to hear,” defense attorney John Hayden said, adding that Last is a “poster child” for post-traumatic stress disorder.
Judge Ken Williams said he will have a decision ready at the case’s next hearing Sept. 1.
He is expected to set a trial date then.
Last’s trial, which had been set for June 7, was postponed pending Williams’ ruling.
For her statements to be used, the prosecution must prove she could apply her rights in a “knowing and intelligent manner.”
Deputy Prosecuting Attorney John Troberg said the defense’s argument that Last didn’t understand her right to remain silent is not enough to suppress the statements.
What mattered, he said, is that police repeatedly informed Last of her rights before and during the interview.
If the defense’s argument is upheld, Troberg said, “I wonder if the state can ever meet that burden” with other cases.
Troberg referenced testimony given by psychologist Bruce Frumkin, who determined that Last met the legal requirement for exercising her rights, partially because she has no “significant” emotional problems and her actions are not more likely to be influenced by the police than the average person.
The defense used its own mental evaluation that came to different conclusions.
Psychologist Anthony Eusanio diagnosed Last with complex post-traumatic stress disorder — or PTSD — created by highly traumatic events in her life and said she was unable to properly exercise her rights.
Hayden also noted that staff at the Clallam County Juvenile Detention Center said Last would talk to herself at length shortly after the arrest.
“It was so bizarre and so concerning, they made a phone call to her attorney, saying she isn’t well, get her a doctor now,” he said.
Troberg said it’s not unusual for juvenile inmates to talk to themselves and noted Last was otherwise was seen as well-adjusted and social while at the detention center.
Police said Last killed her newborn son by placing him face-down in the toilet.
Its body was dumped in a garbage can at her father’s Port Angeles home, they said. It was later found in a Tacoma garbage transfer facility.
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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.
