Motion to suppress Bertelsen confession denied

Circuit Judge Frank R. Fuhr denied a motion to suppress confession of Mercer County Treasurer Mike Bertelsen in Circuit Court Thursday, Feb. 27. The court also denied his request for interlocutory appeal.

Bertelsen alleged that his Fifth and Sixth Amendment Rights to Counsel were violated during an interview with Illinois State Police Officer Michael Tone. For the Fifth Amendment right to counsel to be invoked it would be necessary for him to be in custody. The court found that Bertelsen was not in a situation where he was in custody and not free to leave. Before the questioning Officer Tone asked Bertelsen if he wanted his attorney present.

The Sixth Amendment Right to Counsel is case specific. The alleged offense Bertelsen was being questioned about was not related to a prior case.