Commonwealth v. Gonzalez

991 N.E.2d 1036, 465 Mass. 672, 2013 WL 3369201, 2013 Mass. LEXIS 568
CourtMassachusetts Supreme Judicial Court
DecidedJuly 9, 2013
StatusPublished
Cited by23 cases

This text of 991 N.E.2d 1036 (Commonwealth v. Gonzalez) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Gonzalez, 991 N.E.2d 1036, 465 Mass. 672, 2013 WL 3369201, 2013 Mass. LEXIS 568 (Mass. 2013).

Opinion

Ireland, CJ.

On March 9, 2010, a jury convicted the defendant, Luis Gonzalez, of murder in the first degree on the theory of deliberate premeditation. Represented by new counsel on appeal, the defendant argues error in (1) the denial of his motion to suppress statements, (2) the prosecutor’s closing argument, and (3) the judge’s instructions to the jury. The defendant also seeks relief pursuant to G. L. c. 278, § 33E. We affirm the order denying the defendant’s motion to suppress as well as the defendant’s conviction, and discern no basis to exercise our authority pursuant to G. L. c. 278, § 33E.

1. Motion to suppress statements, a. Background and standard of review. Prior to trial, the defendant moved to suppress statements he made to police after he was arrested, but before he received the Miranda warnings. As relevant here, the defendant argued that his statements were not preceded by a knowing, intelligent, and voluntary waiver of his Miranda rights in violation of the Fifth and Fourteenth Amendments to the United States Constitution and art. 12 of the Massachusetts Declaration of Rights. After conducting an evidentiary hearing, the motion judge2 denied the motion. The judge concluded that the defendant’s statements were not the result of police interrogation, but rather were spontaneous and unprovoked and that, therefore, the lack of preceding Miranda warnings did not violate the defendant’s constitutional rights. The judge also found, beyond a reasonable doubt, that the defendant’s statements had been voluntary.

[674]*674In reviewing a decision on a motion to suppress, “we accept the judge’s subsidiary findings of fact absent clear error ‘but conduct an independent review of [the judge’s] ultimate findings and conclusions of law.’ ” Commonwealth v. Scott, 440 Mass. 642, 646 (2004), quoting Commonwealth v. Jimenez, 438 Mass. 213, 218 (2002). We summarize the judge’s findings of fact, supplemented with uncontested testimony adduced at the evidentiary hearing. See Commonwealth v. Isaiah I., 448 Mass. 334, 337 (2007), and cases cited.

Based on evidence identifying the defendant as the person who had stabbed the victim earlier that evening, Sergeant Mark Richardson of the Worcester police department, who was in charge of the investigation, went, near midnight on February 28, 2005, to join other officers at the defendant’s last known address at an apartment in Worcester. Prior to Sergeant Richardson’s arrival, other officers had observed a man fitting the defendant’s description enter the apartment. The defendant was apprehended there and was arrested. He told officers, “You’ve got me.” He did not appear to have any physical injuries, and was not unsteady on his feet.

The defendant was transported to a police station and placed in a holding cell. At around 2:30 a.m., now March 1, Officer Danny D. Diaz was asked by Detectives Mark Sawyer and Eric Boss to bring the defendant to the detective bureau for an interview. Accompanied by the detectives, Officer Diaz, first in English and then in Spanish, identified himself and told the defendant that he was going to bring him upstairs.3 The detectives joined them. While approaching an elevator, Officer Diaz told the defendant, in Spanish, that the detectives wished to speak with him about an incident. The defendant stated that he wanted to talk to someone about it. Officer Diaz interrupted, telling the defendant that “right now’s not the time to talk” and eventually there would be an opportunity to talk.

Inside the elevator, the defendant stated that he was “only [675]*675defending himself.” Officer Diaz again advised the defendant that it was not the time to talk and relayed that they would talk after certain procedures had been completed. The defendant stated that he was “jumped” and that he only had been “defending himself.” At least three or four times, Officer Diaz told the defendant that it was not the time to talk. The defendant nevertheless continued, crying at times and telling Officer Diaz that he wanted to talk to someone about the incident, that he had not wanted to hurt anyone, and that he only had been defending himself. To Officer Diaz, the defendant appeared nervous and scared.

After the defendant was fingerprinted, Officer Diaz brought him to an interview room. There, Officer Diaz, using a preprinted card, advised the defendant of the Miranda warnings, both in English and in Spanish. The defendant signed the Miranda warning card and then asked for a lawyer. All questioning ended.

b. Discussion. The defendant argues on appeal that Miranda warnings were required because Officer Diaz’s remark, made when the detectives were by his side, that they wanted to talk to him, was the “functional equivalent” of express questioning. “Miranda warnings are only necessary where one is the subject of ‘custody and official interrogation.’ ” Commonwealth v. Larkin, 429 Mass. 426, 432 (1999), quoting Illinois v. Perkins, 496 U.S. 292, 297 (1990). “For the purposes of Miranda, ‘interrogation’ means not only express questioning of a suspect but also its ‘functional equivalent.’ ” Commonwealth v. D’Entremont, 36 Mass. App. Ct. 474, 478 (1994), quoting Rhode Island v. Innis, 446 U.S. 291, 301 (1980). The term “functional equivalent” includes “any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect.” Rhode Island v. Innis, supra. “In this context, an ‘incriminating response’ includes any response, inculpatory or exculpatory, which the prosecution might seek to use against the suspect at trial.” Commonwealth v. Torres, 424 Mass. 792, 797 (1997). “The ‘functional equivalence’ test does not turn on the subjective intent of the particular police officer but on an objective assessment as to whether the police statements and conduct would be perceived as interroga[676]*676tion by a reasonable person in the same circumstances.” Id., quoting United States v. Taylor, 985 F.2d 3, 7 (1st Cir.), cert, denied, 508 U.S. 944 (1993).

The judge correctly concluded that the defendant’s statements were not the result of police interrogation or its functional equivalent. Officer Diaz informed the defendant that he was there to transport him to a different location and that the detectives (not Officer Diaz, himself) wished to speak to him about an incident. In response, when the defendant stated that he wanted to talk to someone, Officer Diaz interrupted him and told him clearly and unequivocally that now was not the time to talk. Neither Officer Diaz nor the detectives expressly asked any questions of the defendant. Any uncertainty (possibly resulting from the unnecessary presence of Detectives Boss and Sawyer during the transport of the defendant)4

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Bluebook (online)
991 N.E.2d 1036, 465 Mass. 672, 2013 WL 3369201, 2013 Mass. LEXIS 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-gonzalez-mass-2013.