Commonwealth v. Dilorio

24 Mass. L. Rptr. 9
CourtMassachusetts Superior Court
DecidedApril 14, 2008
DocketNo. 2007262
StatusPublished

This text of 24 Mass. L. Rptr. 9 (Commonwealth v. Dilorio) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Dilorio, 24 Mass. L. Rptr. 9 (Mass. Ct. App. 2008).

Opinion

Kern, Leila R., J.

This matter came before this court for a hearing on the defendant’s motions to suppress statements he made to Danvers police officers on December 3, 2006. The defendant, Angelo Dilorio, stands charged for one count of Rape of a Child in violation of G.L.c. 265, §23. The indictment alleges [10]*10that the seventeen-year-old defendant had natural sexual intercourse with an eleven-year-old cousin on or about November 24, 2006. On September 11, 2007, the defendant filed a Motion to Suppress his statements and this court held a hearing on January 8, 2008 and March 24, 2008. This court received a total of eight exhibits into evidence. For the following reasons, the Motion to Suppress is DENIED.

Finding of Facts

This court took evidence on January 8, and March 24, 2008. Based on the weight of the credible evidence and reasonable inferences drawn therefrom, this court finds the following facts.

On December 3, 2006, the Danvers Police received a telephone call from the defendant’s mother, Clementine Dilorio. Mrs. Dilorio reported, on that day she had learned that her son, the defendant, had engaged in sexual intercourse with an eleven-year-old cousin. Officers Tansey and Flynn went to the Dilorio home where they spoke with the defendant’s mother and sister. The defendant was not home. The defendant’s sister contacted the defendant on his mobile phone and handed her mobile phone to Officer Tansey. Officer Tansey asked the defendant to report to the Danvers Police station and tell his side of the stoiy. Officer Tansey told the defendant he did not know whether he would be placed under arrest but that the detective wanted to speak with him. The defendant’s mother asked if she could accompany her son and the officer told her it was not necessary. She decided not to accompany her son.

Shortly after Officer Tansey returned to the police station, the defendant arrived voluntarily. Officer Tan-sey went to speak with the defendant in the lobby, informed him that a detective would speak with him, and asked him to wait there. Dilorio waited in the lobby, a common and open area, for approximately 15 minutes. Detective Robert Sullivan accompanied the defendant into an interview room and Officer Tansey joined them. The defendant was not physically restrained. Both officers testified that the defendant did not appear to be under the influence of drugs or alcohol and the tone of the interview was, at all times, conversational and casual.

Detective Sullivan asked the defendant’s permission to record the interview and the defendant told them that he did not want the interview to be audio or video taped. He declined to sign the release form to tape the interview. Officer Sullivan then read the defendant his Miranda rights and the defendant indicated he understood those rights and signed the waiver form. The officers did not pause after reading each right to ask if the defendant understood that right; however, the defendant gave no indication to the officers that he had trouble understanding what the detective read or told him. After signing the Miranda waiver, the defendant spoke to the officers and shortly thereafter, he wrote a five-page statement about his interactions with his cousin. He also wrote a one-page addendum to supplement his statement. Defendant left the police station before one in the morning.

During the interview, the defendant minimized the nature of his sexual interactions with the victim. He understood the seriousness of his offense, spending a long time distinguishing the fact that he did not penetrate her vagina, only rubbing his penis inside her vaginal area. The defendant’s five-page statement is coherent and he composed it with no help from Detective Sullivan or Officer Tansey. In the statement, the defendant attempts to portray his cousin as the sexual aggressor who initiated the occurrences of sexual conduct. The defendant wrote a one-page addendum, corrected errors, edited his statement, and at the direction of the detective, initialed each change. He signed the bottom of addendum. This court finds that these actions indicate Dilorio understood the nature of his crime, attempted to minimize his fault and the statement, although containing grammatical and spelling errors, was not executed by one with a significantly low level of intelligence or an otherwise impaired ability to understand the proceedings.

At the hearing, the defendant introduced the testimony of Dr. Eric L. Brown, a licensed psychologist, who interviewed the defendant twice. His evaluation and testimony were based on five hours of interview time with the defendant, a half-hour conversation with the defendant’s mother, selected school records, and the defendant’s performance on the Wechsler Adult Intelligence Scale-3d Edition (WAIS-III).

Dr. Brown testified the defendant was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) at an early age and at the time of the police questioning, he was not on any prescription medication. Exh. 6, p. 6. Dr. Brown ran several diagnostic tests on the defendant and determined he had an Intelligence Quotient (IQ) score of 86, which is in the Low Average range (a score of 100 is average). Id. at p. 6. Dr. Brown also reported the defendant had impaired linguistic and conversational abilities. Id. at p. 7. According to Dr. Brown, Dilorio also approaches the world with an eighth-grade education and has a very naive understanding of the world. Exh. 6, pp. 8 & 9. These impaired abilities and naivetes made Dilorio more susceptible to the officers’ authority and power during the questioning. Id. p. at 9. The evaluation also indicated the defendant had difficulty interpreting important social cues and social interactions and thus, Dr. Brown concluded that the defendant was “quite susceptible to being misled and being manipulated by others because of his social immaturity and low functioning intellect when he finds himself in an anxiety provoking situation.” Id. at pp. 7 & 8.

Dr. Brown asked the defendant specific questions about what he understood about his Miranda rights. For example, when asked what his right to remain silent meant, Dilorio replied, “(I]f they’re telling me I [11]*11have the right to remain silent, how are they going to question me? They told me before that I had to come in for questioning. I didn’t think I had a choice about whether or not I talked: I was there and I had to talk.” Id. at p. 4. Dr. Brown asked the defendant what it meant that his statements could be used against him. The defendant replied, “[l]ike I was saying, I was listening to what he was saying and I said alright. I thought that if I talked, it would help me in court because if I didn’t talk, they would think I was guilty.” Exh. 6, p. 4. Dr. Brown asked the defendant what it meant to have the right to be represented by an attorney, to which the defendant replied, “I thought they meant that if you have an attorney, you can bring him in. I didn’t have one. I didn’t know what an attorney would have done in this situation. I figure that if I didn’t have an attorney already, I couldn’t call one.” Id. at pp. 4-5. The defendant also said, “I don’t remember being told if I changed my mind, I could ask for an attorney ...” Jd. at p. 5.

To the extent Dr. Brown’s testimony and report relied solely on the defendant’s mother’s statements, interviews with the defendant, selected school reports, WAIS-III tests, and other cognitive and linguistic tests, this court finds Dr. Brown’s testimony credible but of limited weight.

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Bluebook (online)
24 Mass. L. Rptr. 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-dilorio-masssuperct-2008.