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LEHIGH VALLEY WEATHER

Caleb Barnes’ attorney seeks to have evidence suppressed

As part of an omnibus pretrial hearing before Lehigh County Court of Common Pleas Judge Maria L. Dantos on Oct. 28, attorneys for Jamie Lynn Silvonek, then 14, and her boyfriend Caleb Barnes, then 20, questioned Lehigh County Detective Richard Heffelfinger.

The defense attorneys were seeking to suppress evidence obtained in the hours following their arrest in the March 15 murder of Cheryl Silvonek, Jamie Lynn’s mother, in the family’s sport utility vehicle.

Public Defender Richard Webster, representing defendant Barnes, then a soldier stationed at Fort Meade, Md., pressed Heffelfinger on whether statements obtained from Barnes were made while his client was under duress.

The argument focused on the lack of essentials, such as adequate clothing, food, water and access to the bathroom, Barnes allegedly endured during more than eight hours of interrogation in an interview room at the South Whitehall Township Police Department.

Cheryl Silvonek’s body was found in a shallow grave in that municipality.

According to Heffelfinger, Barnes was wearing black basketball shorts or underwear when found at the Silvonek home in Upper Macungie.

The clothing he was wearing the night before, when Cheryl Silvonek was killed, was in the family’s washing machine at the time.

“I asked him [Barnes] if he had other clothes, Heffelfinger testified. “He said ‘in his car.’

“I offered, can I get you clothes from your car? And he said ‘no.’”

Webster created a timeline for the ensuing interrogation, pointing to a videotape recording that began at 9:14 a.m. with his client wearing black shorts, a shirt and no shoes.

“At about 9:18 a.m., an officer takes his shirt for evidence?” Webster asked.

“I didn’t view that part of the tape,” Heffelfinger replied.

The detective then testified despite the chilly temperatures outside, the police station was heated.

Heffelfinger added when he first met with Barnes, he had been provided with a plastic, felt-lined emergency blanket.

Upon questioning, Barnes reportedly asked Heffelfinger, “What’s this about?”

“Last night,” Heffelfinger replied.

The defense noted approximately 15 minutes into the interview Barnes stated, “I don’t know what my options are.”

“Did you consider that a request to have an attorney present?” Webster asked Heffelfinger.

“No,” Heffelfinger replied.

Despite a request by his client an hour earlier, Webster stated the first time Barnes was allowed to use the bathroom was at 3:40 p.m.

Webster asked Heffelfinger about Barnes’ demeanor during the interview.

“He stared directly at me for what seemed like 5 minutes,” Heffelfinger replied. “In retrospect, I don’t think it was that long.”

Webster countered by saying during a prior preliminary hearing Heffelfinger testified Barnes “stared directly out” during the interview.

“Is it possible that Mr. Barnes could have been in a state of shock?” Webster asked.

“I wouldn’t know how to answer that question,” Heffelfinger replied. “He seemed angry but he seemed fine.”