Teenage girl who 'encouraged boyfriend to take his own life' wants her police statements thrown out of manslaughter trial

Michelle Carter, then 17, allegedly sent messages to her boyfriend Conrad Roy III, 18, encouraging him to follow through on his plans to take his own life

Michelle Carter stands with her attorneys at the Bristol County Juvenile Court in Taunton, Mass., Friday, July 29, 2016. (AP)

A young Massachusetts woman accused of encouraging her boyfriend to kill himself is attempting to suppress statements she made to police from her forthcoming manslaughter trial.

Michelle Carter, then 17, allegedly sent messages to her boyfriend Conrad Roy III, 18, encouraging him to follow through on his plans to take his own life, including telling him to “get back in” a truck filled with carbon monoxide fumes.

Mr Roy died of carbon monoxide poisoning in July 2014 after he connected a generator to a truck’s exhaust system.

In a series of texts and online messages, Carter allegedly convinced Mr Roy his death would be painless, and his parents were prepared for him to commit suicide.

Messages sent from Carter to Mr Roy included “if you don’t do it tonight, you’re going to be miserable” and “you just have to do it… tonight is the night, it’s now or never”.

Carter, now 19, faces an involuntary manslaughter charge and was indicted last year as a youthful offender.

Judge Lawrence Moniz said in a hearing in Taunton Juvenile Court on Friday, the case should proceed to trial in December.

On Friday, Carter’s lawyers filed a motion to suppress evidence police obtained from her, arguing she was interrogated and searched unlawfully following Mr Roy’s death, The Boston Globe reports.

According to the motion, which was released by the court on Friday, Carter was interviewed by two detectives at her school on 2 October 2014, during which she was asked for her phone and laptop passwords without a warrant, while not under arrest and without being properly advised of her right to a lawyer.

Carter gave over her passwords and police consequently found phone, text and Facebook conversations between her and Mr Roy.

In an affidavit supporting the motion, Carter wrote: “I believed I was obeying the laws of the Commonwealth when I was seized and the pass code to my phone and the user name and password to my laptop were obtained.”

“I did not freely consent to any search and seizure,” she added.

However, according to Carter’s arrest warrant, the detectives did have search warrants for her home and mobile phone when she was interviewed at school and had told Carter they had the warrant before asking for her phone password.

Detective Scott Gordon wrote in the arrest warrant he had advised Carter she was not in custody and was free to leave at any time.

Carter’s lawyers filed a further 21 motions on Friday, including a request for access to a conversation between Carter and another of Mr Roy’s friends, which her lawyers say shows Carter had informed others about Mr Roy’s suicidal thoughts.

Carter’s lawyer, Joseph Cataldo, has said the texts are protected free speech and that Mr Roy was depressed and had previously tried to take his own life, the Washington Post reports.

The judge will hear the motions filed by Carter's lawyers on 2 September. The motion to suppress will be heard on 14 October.