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A LAWYER hired by Eric Frein's family to represent the ambush suspect the night of his capture said yesterday that police prevented him from seeing Frein and refused to tell his client a lawyer was available.
James Swetz, a veteran criminal defense lawyer from Stroudsburg, Pa., said he called ahead, then showed up at the Pennsylvania State Police barracks in Blooming Grove about 9:30 p.m. Oct. 30, about 3 1/2 hours after Frein's arrest.
"I was told, 'He's an adult and has not asked for a lawyer,' " Swetz recounted.
Authorities have not revealed what Frein, who is charged with killing one state trooper and seriously injuring another, told them in an interview at the barracks. His public defenders could try to get statements Frein made to police ruled inadmissible at trial, although U.S. and Pennsylvania Supreme Court decisions could make that difficult.
Under legal precedent, "the police have no affirmative duty under the Fifth Amendment to notify a person being interviewed that an attorney is seeking to speak with them," Pike County District Attorney Ray Tonkin, who is seeking the death penalty against Frein, said via email yesterday.
Swetz, whose involvement in the case was limited to making sure Frein was represented early after his arrest, said in an email that the state "created an unnecessary issue" by having barred access to the suspect.
Frein is charged with opening fire outside the Blooming Grove barracks on Sept. 12, killing Cpl. Bryon Dickson and seriously wounding Trooper Alex Douglass. He led police on a tense 48-day manhunt through the northeastern Pennsylvania woods before U.S. marshals captured him outside an abandoned airplane hangar about 30 miles away from the shooting scene.
Swetz said he tried to see Frein at the barracks later that evening.
"I called and invoked his right to counsel and was told I would not be given access to Eric, and Eric would not be told counsel was retained and available to him," Swetz said.
Swetz spent about two hours at the barracks, then left.
He wound up meeting with Frein at the Pike County prison the following day, long after Frein had spoken with police. Frein then signed paperwork indicating he did not want to be questioned without his lawyers, Swetz said.
Frein is being held without bail. He has not yet entered a plea.