PHOENIX — A federal appeals court has overturned a Navajo Nation
resident’s conviction in a sex-crime case, ruling that his confession to law
enforcement agents was involuntary and shouldn’t have been used during his
The 9th U.S. Circuit Court of Appeals ruled Monday that Tymond Preston’s severe
intellectual impairment and police tactics that included repetitive questioning
and threats for the interrogation to continue without end overwhelmed his will
and made his statements involuntary.
However, the ruling also said there’s enough other evidence to warrant another
trial for Preston in the 2009 case.
Preston was sentenced to four years in prison. The Federal Bureau of
Prisons web site said he was released April 4.
Preston’s appellate lawyer, Keith Swisher, did not immediately return a call for comment.