Appeals court throws out part of sworn statement by defendant in child death

ROSEVILLE — “I need a lawyer.”

This was the sentence that caused the final part of an hourslong statement by Kimora Hodges to be thrown out of court, overturning the initial ruling by Macomb County Circuit Court Judge Diane Druzinski. On May 30, the Michigan Court of Appeals ruled in a 2-1 decision that the detective interrogating Hodges did not respect her right to an attorney.

Police and prosecutors allege that Hodges is responsible for the death of 22-month-old Kyrie Starks in 2022. Hodges is charged with first-degree child abuse and felony murder, meaning that if the jury found Hodges guilty of the charge, the jury would determine whether it was first-degree or second-degree murder.

Hodges, then 21 years old, was babysitting Starks while his mother was at work. Officers were dispatched to a local hospital on June 13, 2022, following a report of a child having severe head trauma, according to a press release from the Roseville Police Department.

Hodges told the child’s mother that the “child did not appear normal,” the release states. The mother called 911 and Kyrie Starks was taken to the hospital. On June 22, Kyrie Starks died following emergency surgery.

Following her arrest, Hodges was interrogated from approximately 10:34 a.m. to 1:25 p.m.

Hodges’ attorney, Mariell Lehman, argued April 10 in the Michigan Court of Appeals that her client’s request for legal representation was overlooked. Lehman said this first occurred when she was read her Miranda rights. Hodges asked to have an attorney present at that time if the mother of Starks was pressing charges.

Lehman said that asking if the mother was pressing charges, though it wasn’t how the process works in criminal law, was a sufficient plea for legal representation. The Court of Appeals did not agree.

“After our review of the record, we conclude that the trial court did not clearly err in concluding that defendant’s initial statements regarding the need for counsel did not constitute a clear and unambiguous request for counsel,” the court’s majority opinion stated.

Hodges again asked, at about 12:22 p.m., for legal representation. From here, the interrogating officer continued questioning.

“I need a lawyer or something. I need a lawyer,” was Hodges’ full comment, according to the Court of Appeals decision.

This is where the Court of Appeals, in the majority opinion by Judges Thomas C. Cameron and Anica Letica, agreed with Lehman and said the interrogation should have stopped.

“Accordingly, we conclude that the trial court clearly erred when it determined defendant’s statement that she needed a lawyer was an unclear and ambiguous request for counsel that allowed for police clarification,” the majority opinion states.

In the minority opinion, Judge James Robert Redford agreed with the majority about the first request for attorney being insufficient. However, he disagreed with its determination on the second request.

“‘I need a lawyer,’ given the context and nature of the interview when those words were stated, was an unclear and ambiguous invocation of her right to counsel,” the opinion reads. “I likewise conclude, that even if defendant unequivocally invoked her right to counsel with those words, she reinitiated the interview.”

Macomb County Prosecuting Attorney Peter Lucido agreed with this, saying Hodges did not give a definitive-enough statement to stop the interview.

Lucido does not think this will alter much.

“The charges are still in place,” he said. “That portion that the court had ruled (on), that will then be stricken and anything prior to that stays in and we move forward and try the case to bring justice to the families of the loved ones in this case.”

Roseville Police Chief Mitch Berlin defended his department’s handling of the case.

“Detectives did a great job working that case and obtained a full confession,” Berlin said. “I’m disappointed that part of the interview was thrown out by the appeals court, but I do not believe it will change the facts of the case.”

Hodges’ attorney, Mariell Lehman, could not be reached for comment following several voicemail messages.

Hodges has a status conference set for Aug. 14 in Macomb County Circuit Court before Judge Diane Druzinski. Lucido said this hearing will set the parameters for trial.