Statements taken in killing of Neffy can be used against mom, mom’s boyfriend due to rare legal exception

Syracuse, N.Y. — A mother who is accused of killing her 5-year-old child, Neffy, and the woman’s boyfriend will have their statements to police used against them at trial due to a rare legal exception, a judge ruled Thursday.

Investigators ignored the mom’s and the boyfriend’s Miranda rights - that they were not required to talk to officers and had rights to attorneys.

But Judge Matthew Doran ruled Thursday a public safety exception applies in this case and all their statements could be used against them if they choose to go to trial in January.

Nefertiti “Neffy” Harris was beaten to death with a belt while in the shower at 127 West Beard Ave. on Jan. 6, 2024, investigators have said. A few days later, Neffy’s body was hidden in a field on Syracuse’s East Side.

Neffy’s mother, Latasha Mott, is charged with the child’s murder and the concealment of her corpse. For months, Mott covered up her daughter’s disappearance, police have said. Mott’s boyfriend at the time, Corrice Parks, is accused of helping Mott hide the girl’s body.

On March 23, a missing person’s investigation was launched after concerned loved ones began to put together the pieces.

Police found a phone that was previously used by Mott that had a series of “suspicious” searches that triggered a more rigorous investigation.

Police approached Parks and Mott on March 24 to question them about Mott’s missing daughter. Neffy was not found until March 26.

Before investigators began questioning Parks or Mott, they spoke to their supervisors and prosecutors about employing a rare exception to Miranda rights. Investigators read them their rights but knew they could ignore them under this exception.

Miranda rights aim to protect individuals from self-incrimination. Miranda warnings are read to remind people of the right to remain silent and their right to an attorney.

Typically, if the rights are not read to a suspect or if the rights are ignored by investigators, any statements made cannot be used against them.

In Mott and Parks’ cases, police were using a rarely applied exception to Miranda rights: information gathered for a risk to public safety. He said that because a child was missing and believed to be endangered, police are allowed to interrogate suspects regardless of their right to remain silent or right to an attorney.

The exception to Miranda rights began with a 1984 U.S. Supreme Court case, New York v. Quarles. The court found that Benjamin Quarles, who discarded a loaded gun in a grocery store, was legally questioned by police on the whereabouts of the gun before being read his rights.

That case established the exception, giving officers the ability to ask questions when there is a concern for public safety.

During a hearing, Syracuse Police Detective Jeremy Merola said the department has only used the exception one other time in his 28-year career.

Prosecutor Rob Moran said that was in 2016 when police were searching for Baby Maddox, a 21-month-old child whose father killed her and burned her body before she was reported missing.

A Fourth Circuit Court of Appeals case, U.S. v. Delbert Mobley, established that the exception could be used even when a suspect has invoked the right to an attorney.

Parks, in his interview with police, repeatedly asked for an attorney and was ignored, his defense attorney pointed out in the hearing.

Mott also questioned whether she was allowed to have an attorney before the interview continued without one.

In her lengthy interview, Mott admitted to knowing where the child’s body was hidden, prosecutors have said.

Now that the judge ruled their statements can be heard by a jury, a new issue has been raised. Susan Carey, Parks’ attorney, said that Mott makes incriminating statements about Parks. Carey said the cases must be tried separately.

The judge said he agrees with Carey about potential conflicts if the cases are tried together, but did not make a ruling on the matter Thursday.

Parks, who also faces an unrelated gun charge, has also expressed interest in negotiating a plea agreement. Moran said Parks would have to admit to the gun charge, hindering prosecution and hiding the little girl’s body if he were to plead guilty.

Parks and Mott are scheduled to appear in court next week to discuss the outstanding issues.