“We will of course take this opportunity to evaluate our current practice to determine if there are more effective operational procedures when it has been determined that our standards are not being met,” a Hampton police sergeant said. RC Williams reported 10 On Your Side in an email Thursday.
Bigsby is the prime suspect in the disappearance of his son Cody. On Jan. 31, a 4-year-old child was reported to the HPD, and Biggsby was taken in for questioning that day. He remained in custody until February 3, when he was charged with seven counts of child negligence. These allegations are not directly related to Cody’s disappearance.
Hampton Police Chief Mark Talbat confirmed Monday that lead investigator in Cody’s case denied Bigsby access to a lawyer after he twice asked for a lawyer during the morning’s February 1 interrogation.
“The interview had to be stopped and he had to be given the opportunity to talk to a lawyer immediately,” Biggsby’s lawyer Jeffrey Ambrose said.
Talbat said the department has a policy that should have allowed them to “work better” with the Bigby interrogation. 10 Copies of these rules have been received from you, giving instructions on interrogations and constitutional rights. Williams said commanders regularly review policies that apply to their specific units. He also said that the policy was developed in accordance with the legislation and best practices outlined by a number of national police organizations.
Ambrose first raised questions about Biggsby’s access to a lawyer on Feb. 3, the day he was detained to represent the 43-year-old. Ambrose tried to visit Biggsby at HPD headquarters, but officers denied him access. Ambrose said officers told him that Biggsby had not asked for a lawyer and that he was volunteering to answer their questions.
“Cory, when I spoke to him after exposing the chief, was happy that people now understand that he was telling the truth – that he was trying to have his rights and that, unfortunately, they were not respected,” Ambrose said.
Ambrose is still awaiting copies of video recordings of the interrogations, as well as documents and transcripts to be provided to him by the Hampton Commonwealth Attorney’s Office.
“Certainly, at any moment there is a violation of citizens’ rights, it will have legal consequences,” said Ambrose. “Because we understand the full extent of what happened at the headquarters of the Hampton Police Department during this investigation, we will better understand what these consequences may be. Of course, I expect them to be big, because it was a significant violation of civil rights. “