State of Maine v. Deblois

• Court: Superior Court of Maine
• Decided: September 30, 2005
• Docket: KENcr-05-249
• Status: Unpublished

Opinion

STATE OF MAINE KECZ" CD A?!D FILED p <%,-, SUPERIOR COURT KENNEBEC, ss * - 3 8 -;<, -a-U.. cnlORCOURT CRIMINALACTION DOCKET NO. CR-05-249 205 CE? 20 P 3: 31 t , ;.,' c

STATE OF MAINE

v. ORDER ON MOTION TO SUPPRESS

MATTHEW DEBLOIS, Defendant

The defendant seeks to suppress statements made by the defendant during an J

interview with Detective John Hall. The defendant argues that he was subject to a

custodial interrogation without the benefit of Miranda, that h s invocation of h s right to

counsel was not honored, and that his statements were involuntary because of

Detective Hall's statements. The court has listened to the audiotape. State's Ex. 1. For

the following reasons, the motion is denied.

FACTS

Winthrop police Department Detective John Hall called the defendant and asked

him to go to the police station to discuss something important. The defendant asked

whether he was in trouble. Detective Hall replied that the defendant would not be

arrested and would be free to leave at any time but the Detective preferred to discuss

the matter face-to-face. Detective Hall asked what would be convenient for the

defendant and he stated that he would come immediately.

Detective Hall met the defendant at 3:00 p.m. in the police station lobby. As they

walked upstairs, the Detective told the defendant that he was not under arrest and that

he was free to leave at any time. The two entered a 20' by 10' conference room. The

walk from the lobby to the conference room took ten seconds. The Detective sat at a desk and the defendant sat to the Detective's right at the end of the desk. The door was

across the room to the defendant's left.

The Detective explained that he was closing the door for privacy and to avoid

interruptions because there was a meeting across the hall. The Detective explained that

he always tapes any discussion about something important and he started the tape

recorder.

During the interview, the defendant asked whether he should call an attorney.

The Detective also described the process for such cases and sentences he had seen

imposed, including an 80-year sentence for one person who did not cooperate. See Def.'s Ex. 1 at 6-7 (admitted as aid to court).

When the tape was turned off, the defendant left the station. He was not

arrested.

CONCLUSIONS

Custodv

The defendant was not in custody during the interview at the police station. See

State v. Higgins, 2002 ME 77, qlql 13-14, 796 A.2d 50, 54-55; State v. Mchaud, 1998 ME

251, 94,724 A.2d 1222,1226; State v. Martin, 580 A.2d 678, 681 (1990); State v. Cochran,

425 A.2d 999,1002 (1981).

Counsel

The sixth amendment right to counsel attaches "only at that time 'that the

government has committed itself to prosecute, and only then that the adverse positions

of government and defendant have solidified."' United States v. Gouveia, 467 U.S. 180,

189 (1984) (quoting Kirby v. Illinois, 406 U.S. 682,689 (1972);see U.S. v. LaBare, 191 F.3d

60, 64 (1999) ("the right to counsel attaches when 'adversary judicial criminal

proceedings' have commenced against an accused, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment."'); Def.'s Ex. 1 at 6

(Detective Hall told the defendant that "it goes to the DA for review") & 8 ("this could

literally be months down the road before you hear back from me.")

Voluntariness

The State has proved beyond a reasonable doubt that the defendant's statements

were voluntary. State v. Sawyer, 2001 ME 88, ¶¶ 8-9, 772 A.2d 1173, 1175-76; see

also State v. McCarthy, 2003 ME 40, ¶¶ 13-14, 819 A.2d 335, 340 (police suggestion that

"cooperation often results in favorable treatment" was not a promise of leniency and

confession was voluntary).

The entry is

The Defendant's Motion to Suppr

Date: September 30,2005

~ustiie,Superior ~ b u r t STATE OF MAINE SUPERIOR COURT VS KENNEBEC , ss . MATTHEW T DEBLOIS Docket No AUGSC-CR-2005-00249 445 RTE. 133 WINTHROP ME 04364 DOCKET RECORD

DOB: 06/15/1984 Attorney: JOHN PELLETIER State's Attorney: EVERT FOWLE GOODSPEED & 0' DONNELL 10 SUMMER ST PO BOX 738 AUGUSTA ME 04332-0738 RETAINED 04/14/2005

Filing Document: INDICTMENT Major Case Type: FELONY (CLASS A,B,C) Filing Date: 04/14/2005

Charge ( s)

1 UNLAWFUL SEXUAL CONTACT 09/01/2004 WINTHROP Seq 10933 17-A 255-A(1) (E-1) Class B

Docket Events:

04/14/2005 FILING DOCUMENT - INDICTMENT FILED ON 04/14/2005

TRANSFER - BAIL AND PLEADING GRANTED ON 04/14/2005

TRANSFER - BAIL AND PLEADING REQUESTED ON 04/14/2005

04/14/2005 Charge (s): 1 HEARING - ARRAIGNMENT SCHEDULED FOR 04/15/2005 @ 8:30 in Room No. 2

04/14/2005 Party(s): MATTHEW T DEBLOIS ATTORNEY - RETAINED ENTERED ON 04/14/2005

Attorney: JOHN PELLETIER 04/15/2005 BAIL BOND - $500.00 CASH BAIL BOND FILED ON 04/15/2005

Bail Receipt Type: CR Bail Amt: $500 Receipt Type: CA Date Bailed: 04/15/2005 Prvdr Name: MATTHEW DEBLOIS Rtrn Name : MATTHEW DEBLOIS

Conditions of Bail: Have no contact with . . .

1 ISSIAH HASKELL 04/15/2005 Charge(s) : 1 HEARING - ARRAIGNMENT HELD ON 04/15/2005 JOHN R ATWOOD , JUSTICE Attorney: JOHN PELLETIER Page 1 of 2 Printed on: 09/30/2005 MATTHEW T DEBLOIS AUGSC-CR-2005-00249 DOCKET RECORD DA: ALAN KELLEY Reporter: PENNY PHILBRICK-CARVER Defendant Present in Court

READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS 04/15/2005 Charge(s1 : 1 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 04/15/2005 JOHN R ATWOOD , JUSTICE Attorney: JOHN PELLETIER DA: ALAN KELLEY Reporter: PENNY PHILBRICK-CARVER Defendant Present in Court 04/15/2005 BAIL BOND - $500.00 CASH BAIL BOND SET BY COURT ON 04/15/2005 JOHN R ATWOOD , JUSTICE OR 5,000.00 SURETY Date Bailed: 04/15/2005 04/29/2005 MOTION - MOTION TO SUPPRESS FILED BY DEFENDANT ON 04/29/2005

05/06/2005 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 06/06/2005 @ 9:00

NOTICE TO PARTIES/COUNSEL 06/07/2005 HEARING - MOTION TO SUPPRESS CONTINUED ON 06/06/2005 DONALD H MARDEN , JUSTICE 07/08/2005 HEARING - MOTION TO SUPPRESS SCHEDULED FOR 09/19/2005 @ 9:00

NOTICE TO PARTIES/COUNSEL 09/26/2005 HEARING - MOTION TO SUPPRESS HELD ON 09/19/2005 NANCY MILLS , SUPERIOR COURT CHIEF JUSTICE Attorney: JOHN PELLETIER DA: ALAN KELLEY Reporter: CONSTANCE ROTH Defendant Present in Court 09/26/2005 MOTION - MOTION TO SUPPRESS UNDER ADVISEMENT ON 09/19/2005 NANCY MILLS , SUPERIOR COURT CHIEF JUSTICE 09/30/2005 MOTION - MOTION TO SUPPRESS DENIED ON 09/30/2005 NANCY MILLS , SUPERIOR COURT CHIEF JUSTICE COPY TO PARTIES/COUNSEL 09/30/2005 ORDER - COURT ORDER FILED ON 09/30/2005

A TRUE COPY ATTEST : Clerk

Page 2 of 2 Printed on: 09/30/2005