Commonwealth v. Gallati

2 Mass. L. Rptr. 530
CourtMassachusetts Superior Court
DecidedSeptember 16, 1994
DocketNo. 94-031
StatusPublished

This text of 2 Mass. L. Rptr. 530 (Commonwealth v. Gallati) 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. Gallati, 2 Mass. L. Rptr. 530 (Mass. Ct. App. 1994).

Opinion

Toomey, J.

BACKGROUND

The Worcester County Grand Jury returned two indictments accusing defendant of conspiracy to commit an assault and battery by means of a dangerous weapon and conspiracy to violate constitutional rights.1

Defendant has offered a motion to suppress certain statements he made to agents of the Commonwealth. He asserts that those statements were elicited in violation of his several constitutional rights. More specifically, he claims that the statements were procured by the Commonwealth in a manner contrary to the requirements of Miranda v. Arizona, 384 U.S. 436 (1966), and were involuntary. For the reasons stated infra, I find merit in defendant’s contentions and I allow the motion to suppress.

FACTS

After evidentiary hearing, at which was received the testimony of witnesses and certain documentary exhibits, I find the following facts:

1. On August 12, 1993, defendant was on duty as a correction officer at the Worcester County House of Correction. He was relatively junior in his position and had been employed as a correction officer for approximately three years.

2. In his position as a correction officer, defendant was required, by official policy and prevailing practice, to obey the commands of superior officers. The orientation and organization of tire Sheriffs Office which [531]*531staffed the Worcester County House of Correction was decidedly paramilitary in character.

3. At approximately 8:00 a.m., defendant received a telephone call, at his assigned station within the House of Correction, from Assistant Deputy Superintendent Kevin Foley. As Director of the Special Services unit at the House, Deputy Foley was in charge of internal investigations and was superior to defendant in rank, experience and position. The call “requested” defendant to report immediately to Deputy Foley’s office. Under the circumstances, that “request” was an order compelling defendant to obey. Failure to obey would have resulted in some negative impact upon the employment status and prospects of defendant.

4. Defendant was escorted to Deputy Foley’s office by First Assistant Deputy for Operations Gabriel, one of whose duties was director of internal security. Deputy Gabriel was the superior of defendant. The two walked to the Special Services building where Deputy Foley waited. Entrance to the building was gained by Deputy Gabriel’s signalling a control officer to unlock the door: the two entered and the door closed behind them, automatically locking. Exit could be effected only by key or by a control officer’s triggering the unlocking mechanism.

5. Deputy Gabriel led defendant to a coffee room in the vicinity of Deputy Foley’s office. Although Deputy Gabriel never “ordered” defendant to accompany him to the Special Services building or to Deputy Foley’s office, the attendant circumstances rendered Deputy Gabriel’s escorting of defendant tantamount to an order.

6. Lieutenant Bove took over escort duty from Deputy Gabriel and showed defendant into Deputy Foley’s office. The door was shut after defendant entered.

7. Deputy Foley was a former West Boylston Police Officer and retained, in his present capacity, the authority to arrest.

8. In the office defendant noted the presence of, in addition to Deputy Foley, Lieutenant Coggans, a criminal investigator present as an “observer” and a Ms. Yell, an employee of Special Services present as a note taker. Both Lieutenant Coggans and Ms. Yell were there at the request of Deputy Foley. Lieutenant Coggans, a former Worcester Police Officer, had a holstered handgun on his belt.

9. Deputy Foley directed defendant to sit. Defendant was positioned in front of Deputy Foley with lieutenant Coggans to defendant’s side and Ms. Yell to his rear. Defendant knew Deputy Foley by virtue of his position, but had never before met him or been in the office.

10. Deputy Foley prefaced his interrogation of defendant by reciting a “broad overview” of the situation relative to an inmate’s complaint that he had been beaten by other inmates acting in complicity with corrections officers. The “overview" included Deputy Foley’s comment that the matter was a “felony,” was “serious,” would be reported to the “D.A.” and might be brought to the attention of the “Grand Jury.”

11. Defendant’s responses to the initial interrogation were largely uninformative and Deputy Foley halted the questioning to caution defendant “to be honest.” Defendant began to cry.

12. The interrogation resumed and, as defendant claimed ignorance of the matter, Deputy Foley again suspended the questioning to encourage more candor from defendant. Deputy Foley repeated his counsel that the matter was “serious,” “criminal charges could occur" and that defendant had “to be honest." The deputy added that he and the sheriff could “help” the defendant only if he would “cooperate.” There was no “friendly chatter” during the interrogation.

13. Deputy Foley believed that defendant “had to” answer his questions and that, depending upon his answers, the Deputy would consider referring the matter to the District Attorney and the Grand Jury.

14. The interrogation progressed and, at its conclusion, Deputy Foley revealed that he had known “that the inmate went to the hospital and implied [defendant] was involved by his [the inmate’s] statement.” The Deputy “strongly recommended that [defendant] get an attorney.”

15. Defendant was permitted to depart: Lieutenant Coggans unlocked the door of the Special Services building, and defendant returned to his duty station.

16. The room adjacent to Deputy Foley’s office was customarily used for the interrogation of criminal suspects. While defendant was being interrogated in the office, the inmate-victim was seated in that room. From time to time during the interrogation of defendant, Deputy Foley alluded to the victim’s presence next door and told defendant that the victim was “ratting him out.”

DISCUSSION

Although the facts that defendant was himself a law enforcement officer (and thus, presumably, less susceptible to the coercive consequences of locked buildings and closed doors in a House of Correction) and that he was permitted to leave after the interrogation had terminated suggest that the interrogation was not “custodial” in the usual sense, the surpassing effect of the totality of the other facts at bar compel the conclusion that the instant interrogation was indeed one conducted during a government-imposed restriction upon defendant’s freedom of action. In reaching that conclusion, this court has employed an objective standard, Commonwealth v. Tart, 408 Mass. 249, 258 (1990), to determine whether the defendant’s freedom of movement was restrained to the degree commonly associated with a formal arrest. Miranda v. Arizona, 384 U.S. 436, 444 (1966). See also, Smith, Criminal Practice and Procedure, 30 Mass. Prac. §336 and cases there cited.

Custody, vel non, is determined “from the point of view of the person being questioned” and focuses upon [532]*532whether “the investigation took place in a coercive atmosphere.” Commonwealth v. King, 33 Mass.App.Ct. 905, 906 (1992), quoting from Commonwealth v. Bryant, 390 Mass. 729, 736 (1984).

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Related

Miranda v. Arizona
384 U.S. 436 (Supreme Court, 1966)
Berkemer v. McCarty
468 U.S. 420 (Supreme Court, 1984)
Commonwealth v. Bryant
459 N.E.2d 792 (Massachusetts Supreme Judicial Court, 1984)
Commonwealth v. Tart
557 N.E.2d 1123 (Massachusetts Supreme Judicial Court, 1990)
Commonwealth v. Shine
500 N.E.2d 1299 (Massachusetts Supreme Judicial Court, 1986)
Commonwealth v. Haas
369 N.E.2d 692 (Massachusetts Supreme Judicial Court, 1977)
Commonwealth v. a Juvenile
521 N.E.2d 1368 (Massachusetts Supreme Judicial Court, 1988)
Commonwealth v. Martino
588 N.E.2d 651 (Massachusetts Supreme Judicial Court, 1992)
Commonwealth v. Ferrara
582 N.E.2d 961 (Massachusetts Appeals Court, 1991)
Commonwealth v. PHILIP S.
594 N.E.2d 880 (Massachusetts Appeals Court, 1992)
Commonwealth v. King
595 N.E.2d 795 (Massachusetts Appeals Court, 1992)
United States v. Washington
431 U.S. 181 (Supreme Court, 1977)

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Bluebook (online)
2 Mass. L. Rptr. 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-gallati-masssuperct-1994.