Creek wants statements tossed

Published 12:00 am Friday, January 22, 2010

Randall Creek, facing a murder charge in Warren County, spoke with two Kentucky State Police troopers tasked with returning him to Bowling Green after he was apprehended in Iowa.

Creek’s attorney has sought to prevent those statements made en route to Warren County Regional Jail from making their way into an eventual trial, and a suppression hearing was held Thursday in Warren Circuit Court to determine the matter.

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Warren Circuit Judge Steve Wilson did not immediately rule on the motion to suppress made by Creek’s attorney, Sam Lowe of the Department of Public Advocacy, but the hearing produced the first court testimony Creek has made in the case.

Creek, 43, is charged with murder, tampering with physical evidence and wanton endangerment in connection with the shooting death of his former girlfriend, 46-year-old Debbie Rediess, on Oct. 5, 2008, outside her home at 460 Hays Road North near Smiths Grove.

Creek led authorities on a multi-state manhunt that ended in his arrest by the Black Hawk County, Iowa, Sheriff’s Department two days after Rediess’ death.

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Lowe argued that Creek had not agreed to waive his rights after they were read to him by KSP Det. Chad Winn and Lt. John Clark, thereby making any of Creek’s statements made to them in on the trip back to Kentucky inadmissible in court.

Creek, during questioning from Lowe, testified he did not talk with Winn or Clark for the first several hours of the trip.

When the cruiser stopped at a fast food restaurant in Champaign, Ill., Creek said that Clark asked him about Bowling Green attorney Dan Rudloff, whom Creek had sought to have represent him in the murder case.

“(Clark) asked me, ‘do you think Dan’s going to be your attorney,’ … I said, ‘as far as I know, yes,’ ” Creek said of the attorney who does primarily civil casework. “I tried to get ahold of him a couple of times in Iowa.”

Creek then said Clark asked whether he thought Rudloff, who Creek said he considered a friend, was up to handling this kind of case and Creek said he hoped so.

According to testimony, at some point during the trip, Winn interjected with a question – how could you shoot an unarmed, innocent woman?

“I told (Winn) I loved her and I still love that girl,” Creek said, adding that he was questioned about whether he felt any remorse. “For someone to question my remorse is crazy.”

Creek testified that Winn and Clark initiated the conversation and that he had known Clark for several years and felt comfortable talking with him.

“I have known John since 1994 and I consider him a casual friend,” Creek said. “I wasn’t going to initiate anything, but I didn’t know they were going to try to get stuff out of me.”

Cross-examination of Creek by Warren County Commonwealth’s Attorney Chris Cohron focused initially on Creek’s prior career in law enforcement, first as a deputy at the Warren County Regional Jail and then as a Simpson County Sheriff’s Office deputy.

Creek testified that he had mainly written citations for misdemeanor violations, but had witnessed several suspects read their rights by law enforcement.

Creek maintained he did not initiate the conversation about the case with the state troopers, testifying that Clark and Winn talked to each other with the radio turned up for much of the trip so that Creek could not have heard what they were saying.

He also said that he got emotional when police questioned him about Rediess and whether he felt remorse.

“When they asked you a question, why not go, ‘I don’t want to talk’ ”? Cohron asked.

“I was not thinking as a police officer; if I was thinking straight, I wouldn’t be here, sir,” Creek answered.

Police offer testimony

Clark gave a slightly different story about the Oct. 14, 2008, trip.

Clark told the court during questioning by Cohron that Winn immediately read Creek his rights before the three left Iowa.

Stopping in Illinois for food, Clark went inside the restaurant while Creek waited inside the cruiser and Winn stood outside the car, and he witnessed Winn and Creek talking when he exited the restaurant.

The conversation continued for a couple of hours afterward, with Creek bringing up the alleged murder.

“I knew (this hearing) was probably going to happen, so I was really careful with what I said,” Clark said. “I said, ‘Randall, I hear everything you’re saying, but I still haven’t heard anything about any remorse,’ and he said, ‘Of course I have remorse.’ ”

Clark added that Creek’s remorse was focused on the impact Rediess’ death had on himself and his family.

Creek continued to discuss the shooting at length, Clark testified, leading to both troopers attempting to steer the conversation into other topics.

“Det. Winn and Mr. Creek talked about football and martial arts for a little while, but Mr. Creek would always turn the conversation back to the events at hand,” Clark said. “I tried to get the conversation away from that … it really got to the point, to be honest, that Det. Winn and I got tired of hearing it.”

Winn testified that the trip was quiet for several hours and he intended to avoid talking with Creek about the case if possible.

KSP Det. Greg Dukes was the lead investigator on the case, Winn said, and Winn did not want to interfere with Dukes’ investigation, plus Creek had made a statement to authorities earlier back in Iowa.

While Clark went inside the fast food restaurant to get some food and drinks, Winn and Creek talked about local youth league football, where Winn coached and Creek acted as a referee, before Creek asked where he would be lodged during the case.

Creek ran unsuccessfully for Warren County Jailer against current Jailer Jackie Strode and threatened Strode in a letter to the Daily News that was received while Creek was still at large.

“I was aware of the animosity between him and Jackie Strode, so I tried to deflect the question as best as possible so we could have as peaceful a ride as possible,” Winn said.

The question Winn allegedly asked Creek about how he could shoot an unarmed woman came up during questioning, and Winn said Creek got emotional, asking them what they would do if someone they loved lied to them.

“We replied that we sure as heck wouldn’t kill her, we’d break up with her,” Winn said.

During cross-examination from Lowe, Winn said that he had no way of knowing Creek’s mental state when he read Creek his rights in Iowa, but that he seemed calm.

When Lowe questioned Clark, Clark said he witnessed Creek shake his head as Winn read him his rights, which Clark took to indicate that Creek understood them.

That was the only time Creek’s rights were read to him, Clark said.