Thompson confession challenged

By Daniel Pepper
Staff Writer

Dena “Winky” Thompson

An Allegan County judge is weighing whether Dena “Winky” Thompson’s confession to conspiring to murder her ex-husband can be used against her.

Lawyers for Thompson, 38, argued at a hearing Monday, April 14, that the confession should be thrown out, repeating the similar arguments they made in February when the case was in district court. Thompson made the confession in the death of Troy Tyo after a series of interrogations by police after Tyo’s body was found in the area of Thompson’s home in Gobles.

She and her current husband Kristofer are charged with open murder in the case.

Police and prosecutors allege that she and Kristofer conspired to kill Tyo and that Kristofer killed him and attempted to burn his body.

David Dodge, Thompson’s attorney, brought in Richard Ofshe, a nationally known expert on confessions and police interrogation tactics, to testify. Dodge said the police’s tactics in interrogating Thompson were “psychologically coercive.”

“We ask the court that, because of the psychologically coercive techniques, the court should suppress the confession—not just the fourth statement, but all the statements, as the techniques began much earlier,” Dodge said.

Allegan County assistant prosecutor Marge Bakker objected to Ofshe’s testimony as an expert witness and in general.

“Whether the police did something legal or illegal in interrogating this suspect is not something he can tell us,” Bakker said.

Ofshe testified that his work is based on studying the transcripts of an interrogation and analyzing the tactics police use in trying to obtain a confession.

Judge William Baillargeon agreed with Bakker. He told Dodge that he could make Ofshe’s opinions part of his argument, but that he wouldn’t be qualified as an expert witness.

“You can argue to the jury that this was coercive and they can agree or disagree,” Baillargeon said. “I think he’s making a determination here that the jury will properly make.”

Dodge was allowed to record Ofshe’s testimony in case of appeal.

“The techniques used (by the sheriff’s detectives) and the statements made meet the definition of psychological coercion,” Ofshe said.

According to him, the transcript of the interview showed that police had lead Thompson to think that by confessing she’d be able to see her daughters again.

Bakker cross-examined Ofshe, asking him about all the times the interrogators told Thompson she was going to jail and the times she was advised of her rights to an attorney and to remain silent.

Thompson’s lawyers made the same argument during Thompson’s preliminary hearing in district court. It was rejected for purposes of that proceeding and she was bound over to circuit court for trial. Her attorneys can now try again.

Baillargeon said he’d consider the motion and issue a written decision.

Dan Pepper can be reached at dpepper@allegannews.com or at (269) 673-5534 or at (269) 685-5985.