HAMPTON, Va. (WAVY) — The Hampton Police Division will review its interrogation policies and could make changes to them after a veteran investigator denied Cory Bigsby access to an attorney during questioning, officials confirm.
“We will certainly take this opportunity to evaluate our current practices to determine if there are more efficient operating procedures when it has been determined our standards have not been met,” Hampton Police Sgt. R.C. Williams told 10 On Your Side in an email on Thursday.
Bigsby is the main person of interest in the disappearance of his son, Codi. The 4-year-old was reported missing to the HPD on Jan. 31, and Bigsby was brought in for questioning that day. He remained in police custody until Feb. 3 when he was charged with seven counts of felony child neglect. Those charges are not directly related to Codi’s disappearance.
Police on Thursday sent out a tweet that asked for information from anyone who had seen Codi in the past three months, which goes back to mid-November. Police previously asked for information from anyone who had seen Codi since Christmas. Police also said anyone who has home cameras near Buckroe Pointe apartments to come forward.
Hampton Police Chief Mark Talbot confirmed on Monday that the lead investigator in Codi’s case denied Bigsby access to an attorney after he made two requests for counsel during an early-morning interrogation on Feb. 1.
“Interviewing should have ceased, and he should have been provided an opportunity to speak with counsel immediately,” said Bigsby’s attorney, Jeffrey Ambrose.
Talbot said the department has policies in place that should have allowed them to “do better” with the Bigsby interrogation. 10 On Your Side obtained copies of those policies, which provide guidance on interrogations and Constitutional rights. Williams said that commanders routinely review the policies that are pertinent to their specific units. He also said that the policies were developed in accordance with law and the best practices set forth by a number of national police organizations.
Ambrose first raised questions about Bigsby’s access to an attorney on Feb. 3, the day he was retained to represent the 43-year-old. Ambrose attempted to visit Bigsby at HPD headquarters, but officers denied him access. Ambrose said officers told him that Bigsby hadn’t requested an attorney and that he was answering their questions voluntarily.
“Cory, when I spoke with him following the chief’s disclosure, was happy that people understand now that he was telling the truth — that he was trying to have his rights and that, unfortunately, they were not honored,” Ambrose said.
Ambrose is still waiting on copies of the interrogation videos, as well as documents and reports, that should be provided to him by the Hampton Commonwealth’s Attorney’s office.
“Certainly at any time there is a violation of a citizen’s rights, there will be legal consequences for that,” Ambrose said. “As we understand the full scope of what happened at Hampton Police Division headquarters during that investigation, we’ll understand better what the definitions of those consequences might be. Certainly, I expect that they’re going to be large ones, as this was a substantial breach of civil rights.”