Attorney for Garner kidnapping suspect weighs in on case; FBI investigating

RALEIGH, N.C. (WTVD) -- The attorney representing one of the defendants in the Garner kidnapping of a mother and her baby is questioning the federal government's authority.

Wayne Payne, the defense lawyer for Miguel Duran Duran, wouldn't say if his client was involved.

"Mr. Duran Duran has the absolute right to say nothing about it," said Payne.

He instead argued federal government is overreaching and said the case should be tried at the state level. Payne also said the FBI violated his client's liberties when he was taken into custody last month.

"From what the evidence is that we know so far, Mr. Duran Duran was approached by law enforcement and taken into custody. And based upon what evidence that we were able to ascertain at the hearing, anybody could have been taken into custody based upon that," said Payne.

Duran Duran, his sister Paola and Eleodoro Estrada-Hernadez are accused of kidnapping a mom and her 13-month-old baby.

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The trio allegedly forced their way into the Garner home and demanded $1 million. When they didn't get any money, the suspects tied up the husband with duct tape and took his wife and daughter, investigators say.

ABC11 reached out to the FBI about Payne's allegations.

"We cannot comment on ongoing investigations," said FBI Spokesperson Shelley Lynch. "There was also a recent public court hearing where the judge found probable cause."

ABC11 asked Payne about an FBI agent's testimony at a Monday hearing that the Garner kidnapping was "part of a larger scheme of kidnapping people to get ransoms."

"We understood from the evidence that there was a higher-level individual that hired or ordered one of the co-defendants to get a drug debt satisfied," said Payne.

All of the defendants are Mexican nationals and are being held on ICE detainers. Documents show Miguel Duran Duran was deported from the U.S. in 2017.

There are no new dates for future hearings.