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Man tells medics he robbed a bank

At a suppression hearing for Carl Whited, judge says there is no doctor-patient privilege in the state of Maryland

November 17, 2011|By DON AINES | dona@herald-mail.com

As Carl Whited was being checked over for a possible heart attack on Sept. 1, one of the two emergency medical personnel attending him asked if he had been digging or doing other strenuous activity.

"No, I was robbing a bank," Whited replied.

As his treatment, which was captured on video at the Hagerstown Police Department, continued, Whited said he had been tackled and one of the medics asked why.

"I told you, I robbed a bank, like a dumb---," he said.

Whited, 44, of Luray, Va., is charged with the Sept. 1 robbery of Susquehanna Bank on Frederick Street in Hagerstown and the ensuing police chase that ended when the car police allege he was driving crashed through a fence and went into a field behind Bester Elementary School.

Whited is charged with 28 offenses, including robbery, armed robbery, first- and second-degree assault, resisting arrest and unlawful taking of a motor vehicle. His next court appearance is scheduled for Dec. 29.

The videotape from police headquarters was played before Washington County Circuit Judge M. Kenneth Long Jr. at a suppression hearing requested by Whited's attorney, Assistant Public Defender Charles Bailey.

Detective Casey Younkers testified that he read Whited his Miranda rights when he was apprehended at the scene of the crash.

On the interview room video from police headquarters, Whited's breathing is labored and he complains of pain in his arm. Before the medics check Whited, Younkers tells Whited he is being videotaped before the detective leaves the room.

Whited was taken to the hospital and was returned to the department about two hours later for his interview by police, Younkers testified. However, that interview was not recorded, he testified.

Younkers testified he believed the taping equipment had been turned off when Whited was taken to the hospital and continued to record an empty room. Upon Whited's return to the department, the equipment was unintentionally turned off, he testified.

"He was out of breath and it doesn't appear he's a physically fit man," Younkers testified when Bailey asked how Whited appeared after his arrest. Whited was sweating and complaining of pain, Younkers testified.

Whited "was not in a proper state of mind to voluntarily waive" his Miranda rights, Bailey said. Those include the right to remain silent and to request an attorney before questioning.

As to the interview that was not recorded, Younkers testified that Whited signed a Miranda waiver and told investigators he had taken a Buick from a used car lot the day before the robbery, parking it at Walmart. Whited said he returned the next day and bought a hat and BB gun from the store that he later used in the robbery, Younkers testified.

"It is my recollection there is no doctor-patient privilege in the state of Maryland," Long said before denying the defense request not to admit any of Whited's statements.

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