COMMONWEALTH OF MASSACHUSETTS

HAMPSHIRE, ss. TRIAL COURT OF THE

COMMONWEALTH
DISTRICT COURT DEPT.
NORTHAMPTON DIVISION
DOCKET NO. 1045 CR 1500

COMMONWEALTH

v.

W. MICHAEL RYAN

AFFIDAVIT IN SUPPORT OF DEFENDANT’S MOTION TO SUPPRESS

HIS INVOCATION OF HIS RIGHT TO REMAIN SILENT

Now comes the Defendant, W. Michael Ryan, and being duly sworn does swear

and affirm that:

1. At approximately 8:30 on October 15, 2010, I was preparing to change a flat tire

on the car of my law partner, Barbara J. Plante, which was parked in the

Hampshire County Probate Court Parking Lot when I was approached by a

Northampton bicycle patrol police officer (Andrew Kohl) who asked me what I

was doing.

2. After explaining my purpose, Officer Kohl asked me where I was coming from

and where I was going to, and I told him I did not wish to answer his questions.

3. He asked me how much I had to drink, and I again declined to answer his

questions.

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4. Officer Kohl violently dropped his bike and rushed over to me and angrily asked

me again where I was coming from and going to; I answered that I did not have to

answer his questions and I would not.

5. Officer Kohl asked me who was driving the car, and I said I would not answer the

question.

6. Officer Kohl asked me if I was driving the car; I answered “No” and stated I had

no license and had not driven a car in almost ten years.

7. Officer Kohl than turned to my law partner, Barbara Plante, and asked if she was

driving the car but before she could answer, I said I was her lawyer and advised

her not to answer his questions.

8. Attorney Plante then told Officer Kohl she would not answer his questions, which

visibly upset him further.

9. I asked Officer Kohl if I could change the flat tire, and he said no and that he was

going to have the car towed.

10. He instructed Attorney Plante and me to replace the items piled behind the car

which we had removed from the trunk to get the spare tire.

11. I told Officer Kohl that the car had AAA and asked if Attorney Plante could call

the tow company to save the towing fee; Officer Kohl angrily retorted it would be

a police tow.

12. As I was loading the spare tire back into the car, Northampton Police Officers

Wigmore, Liptak and Marguet arrived and began videotaping the incident.

13. Officer Kohl stated he was going to ask me one more time where I was coming

from and going to.

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 14. I replied that I would still not answer those questions and that since I could not

change the tire and he was calling a tow truck for the car, we were through talking

and would be leaving.

15. Attorney Plante and I then attempted to walk away.

16. I was physically restrained by Officer Liptak who called me “Judge” and told me

I was being audio and videotaped by a camera in the cruiser and had to stay in

front of the camera until Officer Kohl finished his investigation.

17. At that point, I felt I was in custody and not free to leave.

18. I was never informed of my Miranda rights until they were read to me at the

police station during the booking process.

19. This affidavit does not include all the facts and circumstances known to me about

this event; it was prepared solely for the purpose of litigating the accompanying

Motion to Suppress.

SIGNED UNDER THE PAINS AND PENALTIES OF PERJURY:

________________________
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Date W. Michael Ryan