Defense moves to suppress evidence in 1998 murder
Published 6:00 pm Saturday, August 26, 2017
A hearing was held in state district court on Friday on a defense motion to suppress evidence in the case of Dennis Jerome Bartie, who was indicted last year in the slaying of Rose Born.
Bartie, 35, was arrested on June 1, 2016, in the 1998 cold-case homicide of Born, 45, who was found stabbed to death at Paradise Donuts, a business she owned on 18th Street.
“Evidence showed that someone had entered Rose Born’s shop and a violent struggle took place in which she was stabbed more than 30 times,” Dustin Gaudet, a Lake Charles police detective, testified Friday. “Even after her heart stopped, she continue to be stabbed.”
Gaudet said that with advances in technology, evidence from the case was resubmitted to a lab for testing. “DNA was obtained from Rose Born’s fingernails and there was a match with Mr. Bartie,” Gaudet said.
Bartie was previously convicted of attempted second-degree murder in Baton Rouge, he said. Bartie stabbed a woman 22 times and was incarcerated in Allen Correctional Center in Kinder, he said.
Investigators had Bartie brought to Lake Charles for questioning. Portions of a tape of Bartie’s interrogation were used in court Friday.
Todd S. Clemons, attorney for Bartie, questioned Gaudet on Friday, with many of his questions centering around Miranda rights.
“You said a suspect can invoke his or her right to remain silent,” Clemons said. “And then you have to stop asking questions, right?”
Gaudet said, “If they specifically invoke their Fifth Amendment rights, I have to stop asking questions.”
“Well, he said to you, ‘I’m done talking,’ ” Clemons. said “What does that mean to you?”
“That he was frustrated,” Gaudet said.
Clemons said Bartie had asked during his interrogation to be taken back to Allen Correctional Center.
“You never actually told my client what to do or say if he wanted to invoke his Fifth Amendment rights, did you?”
Gaudet said, “Actually, I did tell him.”
On a portion of the video, played in court several times Friday, Gaudet is heard reading Bartie his Miranda rights.
Shortly after that, during questioning, Bartie says, “Man, bring me back to Allen (Correctional Center). Man, I’m done talking.”
Clemons asked Gaudet if he had heard Bartie tell him he wanted to go back to the prison. “Yes, but he kept talking,” Gaudet said.
Later testimony from both Gaudet and Eric Darling, a former Lake Charles police investigator, focused on a plea deal that had been offered to Bartie and was discussed by the two investigators during the interrogation.
They said Bartie was offered the deal, which was to remove the death penalty as a consideration because Born’s family wanted answers about what happened. “There was a deal offered to my client,” Clemons said to Gaudet. “Were you in favor of it?”
Gaudet responded, “If it can give closure to her family, yes.”
Prosecutor Carla Sigler asked Gaudet, “Did the defendant appear to have any trouble understanding his Miranda Rights?”
“No, not at all,” said Gaudet.
“If someone continues to talk to you, is he invoking his right to remain silent?” Sigler asked.
Gaudet said, “Not if they keep talking.”
Judge Michael Canaday continued the hearing on the motion to Sept. 5.
Other witnesses scheduled to testify at that time include Deputy Chief Mark Kraus, LCPD, and Prosecutor Rick Bryant.