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Defendant attempts to have interview suppressed in murder case

A New Windsor man accused of murder is attempting to have his interview with the Carroll County Sheriff's Office suppressed.

Robert Theodore Bosley, 39, formerly of the 2000 block of Dennings Road, is charged with first-degree murder, conspiracy to commit first-degree murder, first-degree assault and conspiracy to commit first-degree assault in the August death of Kandi Gerber, of the 2000 block of Dennings Road. Gerber's then-boyfriend Bret Michael Wheeler, 25, also of the 2000 block of Dennings Road, is also charged in Gerber's death.

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Bosley's attorneys Ned Curry and Joseph Murtha motioned for Judge Barry Hughes to suppress the video and audio recording of Bosley's interview with Sgt. Brandon Holland on the night of the alleged murder. Curry told Hughes during Monday's motions hearing that the defense would be arguing that Bosley was interviewed without being read his Miranda rights and he gave interviews involuntarily.

After six hours of testimony, which included several hours of footage of the interview being shown, Hughes adjourned the hearing for the day. It will continue Tuesday.

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The state, represented by Circuit Court Chief attorney Allan Culver, Deputy State's Attorney Ned Coyne and Senior Assistant State's Attorney Brenda Harkavy, brought in two witnesses, Deputy Daren Metzler and Holland.

Metzler was one of the first deputies to arrive at the residence in the 700 block of S. Springdale Road where Wheeler and Bosley had allegedly gone to shower, Metzler said during testimony. The house was owned by Bosley's mother-in-law, Bosley said during the interview, according to the video.

When he arrived, Metzler said he saw the yellow Toyota pickup truck Bosley and Wheeler allegedly used to carry Gerber's body. He then saw Bosley standing in the garage and Wheeler sitting in the truck's front seat.

"Mr. Bosley seemed relatively calm given the circumstances," Metzler testified.

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Metzler handcuffed Wheeler while another deputy handcuffed Bosley. Both were searched, placed in patrol cars and taken to the Sheriff's Office's northern location in Hampstead.

While at the northern office, Holland, who was part of the Sheriff's Office Major Crimes Unit, interviewed Bosley. According to the video of the interview played, Holland came into the interview room to offer Bosley something to eat or drink.

Holland returned with a crime scene technician who photographed Bosley and took his clothes for evidence. During the interaction, Bosley made a comment about being on work release.

Holland left with the technician, and on the video, Bosley made inaudible comments before knocking on the door and saying he wanted to speak to Holland.

Bosley then told Holland that he had Wheeler drive him to the Dennings Road residence so he could confront Gerber about making a call, but he did not kill her, according to the video recording of the interview.

"She [expletive] killed herself in front of me," Bosley said on the recording. "I had to wipe her [expletive] blood out of my eyes just to see what to do."

According to the video, Bosley said Gerber flew into a rage, grabbed a razor blade, similar to that of an Exacto knife or box cutter blade, and cut her own throat. Bosley repeatedly asked Holland why Gerber would kill herself.

Bosley told Holland that Wheeler and he went into "survival mode," according to the video: That the two men loaded her body into the truck and took it to Muller and Old Washington roads, where they placed it.

In justifying his actions, Bosley said he wanted someone to find Gerber's body so she would get a proper burial, according to the video.

Around that time in the video, Holland went to get the paperwork to read Bosley his Miranda rights. Once he read them and had Bosley sign that he understood his rights, Holland started to ask Bosley questions.

During the questioning, Bosley told Holland that Gerber came at him with the razor blade and he pushed her away. Then she turned the blade on herself.

When she cut her own throat, she fell on him, getting blood on him, Bosley said on the video.

"I'm thinking, 'Oh my God, people are going to think I came here to kill her,' which I didn't," Bosley said on the video.

Curry's questions for Holland focused on two aspects of the interview. He first questioned whether Holland's comments to Bosley about telling the truth or doing the right thing could be construed as questioning.

If so, he said that it would appear Holland questioned Bosley before reading him his Miranda rights. Holland said that he was just listening to Bosley's story.

Culver had also asked Holland about the comments he made to Bosley, including asking if Bosley was OK at one point.

"He started talking," Holland testified. "As he keeps going on with his story, I just listened."

Curry also questioned how Holland treated Bosley during the interview. Bosley had requested a blanket multiple times, and while Holland had gotten Bosley a jumpsuit to wear to keep him warmer, it took several hours to get a blanket.

Holland said it was because the northern office did not have blankets and the deputies had to get one.

In telling Bosley that it's good to tell the truth or that he was doing the right thing, Holland was encouraging Bosley to make a confession, Curry said, adding that at one point Holland said Bosley knew it would be better in the justice system to tell the truth.

Curry said it made it seem that Holland was promising better treatment in the justice system as a way to elicit a confession from Bosley.

The criminal motions hearing will continue Tuesday at 1:30 p.m. at the Carroll County Circuit Court with the defense's case. Curry told Hughes that he and Murtha were discussing whether Bosley would take the stand.

410-857-7898

twitter.com/hmongilio

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