Chesterton police Chief David Cincoski testified Thursday that he stopped questioning the man suspected of killing a Portage woman found dead behind a local bar in April once the man clearly asked for an attorney.
Christopher Dillard, 51, claims Chesteron police violated his constitutional rights while interrogating him about the death of Nicole Gland, 24. Dillard is charged with murder in the Gland’s death.
Gland was found fatally stabbed in her sport utility vehicle the morning of April 19 behind the Upper Deck Lounge, 139 S. Calumet Road, Chesterton, where they worked, according to court records. Gland was a bartender and Dillard was a bouncer there.
Dillard claims Cincoski continued to question him even though he asked for an attorney during the more than 14 hours he was held at the police department between about 10 p.m. April 19 and noon April 20, according to a motion filed by his attorney, Robert Patch Harper.
Harper argues that anything Dillard said to police and to his girlfriend while he was held at the police department should be excluded from trial, the motion states.
At a hearing held Thursday in Porter Superior Court to address the issue, Harper pointed to four times he said Dillard asked for an attorney. A court reporter read from a transcript of the interrogation:
“I want to just do this lawyer thing,” Dillard said.
“Why is that?” Cincoski asked.
“Because I’m done talking now,” Dillard said.
“OK. You don’t want to answer any more questions?” Cincoski asked.
“No. Because it just keeps going and going,” Dillard said.
“Part of that process is to verify that you are telling me the truth. Because if you forget what you’re story is sometimes we …” Cincoski said.
“I don’t have a story. I’m trying to give you the best I can for you,” Dillard said.
Harper asked Cincoski Thursday, “What about that isn’t clear to you?”
Cincoski said there were many times the two talked over each other, and he wanted to clarify what Dillard said.
“I wanted to make sure that’s what he wanted,” Cincoski said.
Around 1:55 a.m., Dillard asked for an attorney again, according to the transcript.
“Yeah, just give me a lawyer then,” Dillard said.
“Final answer?” Cincoski asked.
“Yeah, I want to go to sleep,” Dillard said.
That’s when Cincoski said the questioning stopped.
Cincoski read Dillard his Miranda rights multiple times, including at the start of the interrogation, he said. The chief said he felt there was no police misconduct or violation of Dillard’s right to counsel during the questioning. When Dillard gave an “unequivocal” request for an attorney, the chief stopped, Cincoski said.
“I didn’t see anything wrong with what was going on,” said Chesterton police Detective Nicholas Brown, who was part of the investigation.
About 9:30 a.m., Cincoski asked Beverly Galle to bring medication that Dillard requested to the station, he said. The chief also told her that Dillard had stopped talking but would agree to speak with police if he could talk with Galle.
Police never said she had to speak with Dillard or what she should ask him, Galle testified Thursday, and the two knew they were being recorded.
Galle said she decided to talk to Dillard “because I needed to know he was OK.”
About five minutes in, Galle rubbed her arm, a sign that police, who were monitoring the conversation, told her to give if she wanted to leave. Galle said she “needed to get air.”
“I remember saying, ‘Please tell me he didn’t do this,'” Galle said.
Galle had contacted Hobart and Chesterton police a few times before Dillard was arrested when she noticed he was gone with a truck she owned and a knife was missing from the kitchen in their shared home.
“No intention was to ever say Chris had done anything,” Galle said Thursday, but rather, she was worried about his safety.
Cincoski and Brown said they believe Dillard made admissions to Galle during their conversation.
Harper also raised concerns about the length of time Dillard was held by police and showed pictures of Dillard trying to sleep on chairs and the floor. Harper said Dillard also made multiple requests for his medication.
While he was at the station, Dillard was given water, pizza for dinner, an Egg McMuffin breakfast, a blanket and his medicine, Cincoski said.
Judge Thomas Webber did not make a decision Thursday on Dillard’s claims.
Dillard was scheduled to go to trial in December, but attorneys said Thursday they needed more time to process lab reports and go through evidence. Webber set a new trial date for May 21.
