Nicholas Roske, the man accused of attempting to assassinate Supreme Court Justice Brett M. Kavanaugh, filed a motion Friday to suppress statements made to authorities and evidence collected during his arrest, arguing violations of his constitutional rights.
Roske, who traveled from California to Justice Kavanaugh’s Maryland home in June 2022, was motivated by anger over the Supreme Court’s decisions on abortion and gun rights, following the leak of the draft opinion overturning Roe v. Wade.
Roske called 911 on June 8, 2022, outside Justice Kavanaugh’s home, stating he needed psychiatric help. He had suicidal and homicidal thoughts and had earlier texted his sister, who convinced him to call authorities.
According to Roske, a Maryland police officer interrogated him at the scene without issuing Miranda warnings. While his lawyers acknowledge he received the warnings later at the station, they argue he was not in the mental state to waive them.
“While federal agents advised Mr. Roske of his rights and obtained his signature on a rights-waiver form, this waiver was not made voluntarily and intelligently. At the time, Mr. Roske was acutely suicidal, visibly exhausted, and had repeatedly expressed his need for psychiatric care,” the filing stated.
Roske also claims his 4th Amendment rights were violated. He disclosed the contents of his bags, which included a firearm, during the 911 call. Following instructions from the dispatcher, Roske placed the bags away from him as police arrived but argues the subsequent search of his belongings and pockets was conducted without a warrant.
Roske has pleaded not guilty to charges of attempting to assassinate a Supreme Court justice. If convicted, he faces life in prison. His trial is scheduled to begin on June 9, 2025, nearly three years after his arrest, after plea deal negotiations with prosecutors failed.
Roske has remained in custody since his arrest and contends that his constitutional rights were violated during the investigation. The case is being overseen by U.S. District Judge Peter Messitte, a Clinton appointee.
