Judge rules suspect's statements in child-abuse case were voluntary

CLINTON - Using the "good-cop, bad-cop" tactic to interrogate a child-abuse suspect does not constitute coercion, a DeWitt County judge ruled Monday.

Judge Stephen H. Peters ruled Monday that Michael A. VanHyning gave statements voluntarily to police before his arrest last June.

VanHyning asked the judge to suppress his statements to police. He claimed police did not inform him of his rights and coerced a statement from him.

The 24-year-old is charged with aggravated battery of Cameron VanHyning, the adopted son of VanHyning and his wife, Jodene. He is accused of slamming the child in a bathtub and later breaking the boy's ribs last June.

In testimony last month, VanHyning described the demeanor of two state police detectives who questioned him concerning injuries the 15-month-old boy suffered two days before the interview.

Sgt. Ben Halloran was pleasant, but Master Sgt. Michael Bernadini was "scary and vulgar," VanHyning said.

In his ruling, Peters said the two officers were using what is sometimes termed "the good cop, bad cop" investigative tactic. The fact that Bernadini raised his voice and used profane language did not constitute threatening behavior, according to the judge.

VanHyning said police failed to tell him he had a right to remain silent and the right to an attorney before a three-hour interview at the Clinton police station.

Written statements introduced in court indicate that VanHyning initialed a Miranda warning notation at the top of his written statement to police.

The Miranda warning consists of the various rights suspects have during questioning. Police are required to inform suspects of those rights before questioning.

Both parents have surrendered their parental rights to Cameron, who is now in foster care.

A March 7 docket call and March 18 jury trial has been set for VanHyning.