United States v. Maytubby, 2025 WL 837975 (10th Cir. 2025)
Once again, an officer’s skillful use of a “friendly and reasonable tone” during an interview was a key factor in finding a confession to be admissible in court.
In Calera, Oklahoma, Officer T.J. White called Lance Maytubby and asked him to come to the police station. Officer White told the man two of his nieces had claimed Maytubby sexually abused them. The officer conducted the interview in the police department break room, where the door was left open. White also informed Maytubby he did not have to talk, he was not under arrest, and he could leave at any time. Maytubby initially denied the accusations.
This case serves as yet another reminder to think mean, but talk nice while doing so!
When Maytubby persisted in his denials, Officer White emphasized how he wanted to report that Maytubby made a mistake and that the behavior “hasn’t happened since.” White reminded Maytubby he was not required to speak to him, telling the man he was not going to arrest him that day. Officer White emphasized his desire to include explanatory information — such as Maytubby being a pastor, a “family man” and someone who just “acted out of character” — in his report to the district attorney. He told Maytubby: “I can’t help you out if you’re not honest to me, I just can’t. I can’t go in there and say, … ‘Hey, he manned up. This is how it is. The guy acted out of character.’”
Maytubby told Officer White he wanted to leave the interview, adding, “Okay, I’m going to say ‘yes.’”
“What do you mean?” White asked. “You did do these things?”
Maytubby answered, “Yes.”
Officer White allowed Maytubby to leave and told him that he might not be arrested at all, because that was the prosecutor’s decision.
Get the Xiphos law enforcement legal update delivered to your inbox: SUBSCRIBE NOW!
Maytubby was indicted for several sexual crimes. He asked the trial court to suppress his admissions to Officer White. The trial judge held a pretrial suppression hearing in which Officer White testified. The court denied Maytubby’s motion to suppress his confession, ruling Maytubby’s statements were voluntary. The court cited the short duration of the interview, the non-coercive environment and the absence of physical abuse or aggressive behavior by Officer White.
The court of appeals affirmed the trial court’s ruling to allow the confession into evidence. The appellate court agreed Maytubby’s confession was voluntary, again noting the non-coercive circumstances of the interview and highlighting the officer’s “friendly and reasonable tone” evident on the recording from the body-worn camera. The court held Officer White’s comments about wanting to report Maytubby’s positive attributes, his willingness to be honest, and possibility of leniency did not overcome Maytubby’s free will.
This case serves as yet another reminder to think mean, but talk nice while doing so!
