Judge denies Bell's motion to suppress statements to cops

A Cape Girardeau County circuit judge has overruled Kenneth Bell's bid to have statements he made to police suppressed in the murder case against him.

Bell, 23, is charged with two counts of first-degree murder and one count of armed criminal action in connection with the Feb. 7, 2013, shooting deaths of Misty Cole and Shannon James.

In a motion filed this summer, Bell's attorneys, public defenders Cynthia Dryden and Beth Kerry, alleged officers violated Bell's rights in several ways, including failing to provide him a lawyer before or during his interrogation; subjecting him to "mental, physical and psychological duress" during the interrogation; tricking him into making statements; failing to advise him of his Miranda rights; and continuing to question him after he indicated he wanted to remain silent and have an attorney present.

The motion also claimed Bell's statement was the result of an unlawful arrest made without probable cause. At a preliminary hearing in March 2013, Don Perry, a detective with the Cape Girardeau Police Department, testified he interviewed Bell early the morning of Feb. 8, 2013 -- just a few hours after the shooting.

Bell initially declined to talk to police but reconsidered after learning officers had a search warrant for his apartment, Perry testified.

Bell, who lived in the same apartment building as James, told Perry he went to his apartment and then into the hallway to wait for James after getting into a verbal altercation with him on a sidewalk near the building, Perry testified.

Bell admitted to shooting Cole and James multiple times, Perry testified.

In a probable-cause affidavit filed in connection with the case, Perry said police responded to a report of shots fired in the area of Bloomfield Road and South Pacific Street and a black male running north from the area on South Pacific Street.

Officers responding to the call found the victims in an apartment at 401 S. Pacific St. and two open boxes of ammunition and an empty pistol holster in plain view in the kitchen of Bell's apartment, which was open and unsecured, Perry wrote.

While officers were securing the apartment building, other officers saw Bell in an alleyway, running from the area of the murder, and apprehended him after a short foot chase, Perry wrote.

Online court records show Judge Benjamin Lewis overruled the motion to suppress Bell's statements on Dec. 17.

Bell's case is set for trial Jan. 20.

epriddy@semissourian.com

388-3642

Pertinent address:

401 S. Pacific St., Cape Girardeau, MO