TORRINGTON – Whether former Southeast High School girls’ basketball coach Michael Booth voluntarily told investigators with the Goshen County Sheriff’s Office he had sex with a then-16-year-old former player voluntarily or not was the central question last week during an all-day hearing to exclude his confession from Booth’s upcoming trial.
Appearing before District Judge Patrick Korrel on Thursday, defense attorney Cole Sherard of Laramie, argued instead that Michael Booth had been the victim of a wide-ranging conspiracy involving law enforcement, attorneys, a private citizen he claimed was working on behalf of the police and Michael Booth’s estranged wife, Lindsy Booth.
Focusing his arguments on a series of cell phone conversations, Sherard contended his client was virtually forced to confess, depriving him of his rights against self-incrimination under the Fifth Amendment, as well as being denied due process under the 14th Amendment, claiming Michael Booth was denied legal representation during his initial confession in October 2017.
“Mr. Booth in this case was set up to go in and confess to this crime,” Sherard told the court. The phone calls “show the coercive nature of my client’s confession.”
But attorney Nate Hibben, assisting the prosecution, said there could only be one answer to both the defense claims.
“Although these are separate questions, it’s the position of the state they should have the same answer,” Hibben said. “It’s the position of the state the answer should be, ‘No.’
Sherard’s argument centered around telephone records showing a series of calls between GCSD investigator Rick Scott and Jessica Wiedman, daughter of attorney Greg Knudson and a friend of Michael and Lindsey Booth. The defense contends, by the nature of their conversations beginning on Aug. 17, 2017, prior to Michael Booth’s confession, Wiedman was acting as a de facto agent of law enforcement when she and Lindsey Booth concocted a story of an unidentified investigator who cornered them outside a Torrington eatery, claiming knowledge of Michael Booth’s alleged actions.
“I did call Rick (Scott) around this time period because Lindsey Booth had been asking me questions,” Wiedman testified. “She was concerned because Michael (Booth) revealed to her some inappropriate conduct he’d had with a student during open gym.”
During cross-examination by Goshen County Attorney Kenneth Brown, Wiedman further said, “I was really worried about, since Lindsey knew about this, was she an accessory to it.
“I’m not law enforcement,” she said. “I don’t know the law, I was just concerned.”
Wiedman further testified she didn’t identify Michael Booth or the alleged victim at that time. Scott testified he started looking in to the allegations and, during a second phone conversation with Wiedman around Aug. 19, “realized the name of the victim and Mr. Booth’s name.”
Scott told the court he and fellow investigator, GCSD Sgt. Kory Fleenor, had interviewed Michael Booth on Oct. 17 in the Goshen County Law Library. Scott said Michael Booth went to the sheriff’s office on his own accord and that he wasn’t under arrest at the time of the alleged confession.
After being informed of his legal rights under the Fifth Amendment against self-incrimination, Michael Booth “said he wanted to come in and make a statement regarding sexual contact with a minor,” Scott said. “He wanted to confess he’d done that.
“He was informed of his rights on a standard form,” Scott said. “He indicated he understood them and he signed that he understood them.”
At some point during that initial interview, the defense claimed, Michael Booth informed investigators he believed he was represented by attorney Greg Knudson. Sherard questioned why, when Michael Booth made that statement, the interview hadn’t been stopped.
Scott answered that Michael Booth hadn’t specifically requested an attorney, merely stated he’d talked to an attorney prior to going in to confess. Under questioning by District Attorney Brown, Knudson told the court he’d made clear during initial conversations in August 2017 that he did not represent Michael Booth in the case.
“It was the first words out of my mouth,” Knudson told the court. “I said, ‘I don’t represent you.’”
When asked if Michael Booth had requested Knudson represent him, he would have told Booth he couldn’t represent him because he represented Wiedman, his daughter, who Knudson said he told Booth was “probably going to have to report him.”
Knudson is representing Lindsey Booth in pending divorce proceedings, filed shortly after Michael Booth’s confession in October of last year.
In his closing arguments, Brown reiterated the contentions made by Knudson that he didn’t represent Michael Booth. He also contended the alleged confession was, in fact, voluntary.
“What type of coercion was exerted by private person?” he said. “There was no coercion exerted by this attorney, Mr. Knudson.
“We heard the defendant take the stand and say he thought he had an attorney,” Brown said. “But there’s no evidence to indicate he and Mr. Knudson ever agreed to an attorney/client relationship.”
Judge Korrel took the defense motions under consideration, pending additional written evidence.
As of Monday evening, no decision had been issued on the motions, according to Brown’s office. Booth is currently scheduled for trial April 16-17 on the original charge of third degree sexual abuse of a minor, a charge which carries a maximum sentence of 15 years.
