DES MOINES — Attorneys for the Wapello County man accused of multiple drug charges are trying to have evidence thrown out, saying his questioning did not comply with Constitutional requirements.
Hector Iglesias Tovar faces federal charges of of conspiracy to distribute a controlled substance, possession with intent to distribute a controlled substance and possession of a firearm in furtherance of a drug trafficking crime. His attorney is asking the court to suppress his statements to Sgt. Jason Parmenter of the Ottumwa Police Department.
Parmenter had a warrant to search Iglesias’ vehicle in November 2019 and, after stopping the car, asked Iglesias whether he would be willing to speak. He read Iglesias his Miranda rights, which Iglesias waived. Iglesias was arrested after the interview.
The core of the argument is that Iglesias did not voluntarily waive his right to remain silent “due to his inability to speak English well enough to understand his rights.” Iglesias’ attorney also questioned whether the Miranda warning was properly given and said audio showed Iglesias “seems generally confused about the concepts.”
“The audio is definitely not a resounding confirmation that Iglesias was properly Mirandized and voluntarily waived his rights,” Dan Vondra wrote in his motion to suppress.
The motion also claims Parmenter used coercion to get Iglesias to admit to offenses prior to beginning his recording of the interview.
The court has not yet ruled on the motion.