Concern that Javier and Anthony Limon had ‘undue influence’ placed on them to answer questions over Tony Robinson’s death without legal representation

Two young men were denied access to lawyers when they were taken in for questioning by police as witnesses to the police killing of Tony “Terrell” Robinson on Friday evening, according to friends and community activists.

Javier and Anthony Limon were questioned at the City County building in Madison, Wisconsin, after Robinson was shot and killed by police officer Matt Kenny last Wednesday.

The Limon brothers rent the apartment where the killing took place and are reported to have been with Robinson earlier in the day. The Rev Everett Mitchell, a former local prosecutor, told the Guardian that Limon called him to ask for support while he was being taken for questioning.

Craig Spaulding was one of those present Friday evening while the young people were being held. “We’re like a family,” Spaulding said, explaining that he considers himself a “surrogate father” to the young men, who are close to his son.

“We were denied access to them,” Spaulding said. “We were told that they were told they could have legal representation but [we were told] they’d said they were fine talking to the Department of Criminal Investigation with Justice Department, state Justice Department, and Madison police officers.”

Spaulding said Robinson’s death is a new trauma for these young men, who lost another close friend to an accident in December.

Spaulding posted two videos to YouTube documenting the interactions with the officers. In one video, an officer explains to Spaulding [holding the camera] that “they have to request an attorney”.

Later in the same video, the Rev Mitchell explains to the two officials that they young men called him. “They called me up. That’s how I got down here.”

Wisconsin implemented a new law last year that mandates an external agency investigate police homicides.

Mitchell told the Guardian he didn’t believe there was any confusion about proper procedure as a result of this change. “They knew how to follow protocol. It did concern me. It did make all of us think that something else was going on. Because clearly we’re there, and clearly [the young men] called us, or at least they called me.”

Mitchell said that the young men were held for four to five hours before being released.

In another video, a woman who identifies herself as an attorney explains that the young men are being subjected to undue influence.

The conversation runs:

Woman: I’m an attorney as well, and I believe that these young men are being held. There’s undue influence. OK, you’re a couple of white guys, they’re a couple of black kids. Their friend just got shot. We’re not feeling good that they have freedom of choice there because there’s undue influence. And they may not feel like they are free to make a choice. It’s not just what you say, it’s how you say it and how the choice is presented to them. Officer: That is certainly your interpretation. Woman: We would like to have the assurance… Officer: And you are welcome to have your opinion, but at this point his decision is “I’m fine talking by myself with these two agents”.

The Department of Justice public affairs office responded to questions from the Guardian with a prepared statement. “It is critical to the integrity of all investigations that we take great caution to avoid tainting the statements of witnesses who have not yet been interviewed,” the statement said.

“If details of the investigation are shared with the public, then the veracity of any subsequent statement could be questioned because it would be impossible to determine whether the statement was informed by the media coverage rather than the witness’s personal observations.”

The department did not respond to a follow up question about the way the witnesses were handled.