Cozad's mother arrived around 3:40 p.m. and was allowed to speak with him.
"What we negotiated was I would go in and visit with Mitchell and find out if he had any knowledge of the incident," Suzanne Cozad said of the deal with Roosevelt. "If he didn't have any involvement, he would go home with me (that night). I kept my word to find out the truth. He didn't have any knowledge of this. I told that to him (Roosevelt), and he said that wasn't going to work."
Cozad said he was given two options: Waive his rights and answer two questions and go home or ask for an attorney. If the attorney didn't arrive in five minutes, go to jail.
Cozad said he reluctantly waived his rights.
Around 5:22 p.m. that day, Cozad said he was interviewed by police and that the tape recorder they used was shut off three times.
"The first time, he said, 'You little (expletive). You better start telling me the truth or you're going to jail for a very long time,'" Cozad said.
Cozad said the next two times he or his mother, who was also in the office, were berated by the detectives. He finally said, "I'm done," at which point he was arrested.
Prosecutors argued Cozad didn't ask for a lawyer, but Gavaldon contended it was implied. Cozad testified that he said, "My mom wanted me to wait (to talk) until we have a lawyer" as he waited for her.
"I think it's clear: He wants a lawyer, and they're ignoring it," Gavaldon said. "From the time he was escorted to Mr. Cole's office to saying 'I'm done,' eight times he requested a lawyer. It doesn't have to be the magic words, 'I want a lawyer.'"
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