State v. A.M.

205 A.3d 213, 237 N.J. 384
CourtSupreme Court of New Jersey
DecidedApril 1, 2019
DocketA-76 September Term 2017; 080744
StatusPublished
Cited by118 cases

This text of 205 A.3d 213 (State v. A.M.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. A.M., 205 A.3d 213, 237 N.J. 384 (N.J. 2019).

Opinion

JUSTICE SOLOMON delivered the opinion of the Court.

*216**389In this appeal, we are called upon to decide whether under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), defendant A.M., who speaks limited English, waived his constitutional right against self-incrimination pursuant to the Fifth Amendment to the United States Constitution.

Before his interrogation, defendant reviewed a Spanish-language Miranda form while a Spanish-speaking officer read aloud defendant's rights. The officer pointed out the waiver portion of the form and defendant then signed it. Afterward, defendant made incriminating statements in response to police officers' questions. The trial court denied defendant's motion to suppress his statement, finding that defendant knowingly, intelligently, and voluntarily waived his Miranda rights. The Appellate Division reversed, concluding the State failed to meet its burden to show an express waiver.

Although the better practice would have been to read aloud the form's waiver portion to defendant, we rely on the trial court's well-supported observations and factual findings and reverse the Appellate Division's judgment. We therefore need not reach the issue of implied waiver.

**390I.

A.

We garner the following facts from the record of proceedings before the trial court on defendant's motion to suppress his statement to police.

Defendant was alone in his apartment with his fourteen-year-old step-granddaughter, A.I., when he asked her to try on her bathing suit to see if it fit. After she changed into the bathing suit, defendant hugged A.I. from behind, touching her breasts and vagina over her bathing suit, and inserted at least one finger into her vagina. A.I. told defendant to stop, pushed him away from her, and left the apartment.

After learning of the incident, A.I.'s mother contacted the Bergen County Prosecutor's Office. Officers went to defendant's *217home and transported him to the Bergenfield Police Department. One member of the Prosecutor's Office and two members of the Bergenfield Police Department conducted an interview of defendant. Because defendant spoke little English and stated that he was more comfortable with Spanish, Detective Richard Ramos assisted in translating the interview from English to Spanish. The entire interview was video-recorded to a DVD and later transcribed in English by a clerk-typist employed by the Bergen County Prosecutor's Office.

Before beginning the interview, Detective Ramos reviewed with defendant a Spanish-language form prepared by the Bergen County Prosecutor's Office, which set forth defendant's Miranda rights. The form listed each of defendant's Miranda rights in Spanish followed by "Entiende Usted?" (Do you understand?), "Respuesta" (Response) and "Iniciales" (Initials). At the bottom of the form is a waiver paragraph, which states in Spanish, "I have read the above declaration of my rights and they have been read aloud. I understand my rights. I am willing to answer questions without having a lawyer present. No promise or threats have been made to me and **391no pressure or coercion has been used against me." Spaces for signatures follow the waiver paragraph.

Detective Ramos read defendant his Miranda rights from the Spanish-language form, pausing after reading each one to ask defendant in Spanish if he understood. Defendant replied "sí" (yes) each time. Thereafter, Detective Ramos wrote "sí" after each right, turned the form to defendant and stated in Spanish, "If you want, you can read what I told you and you only have to put your initials on each line. That's the same thing I read." Defendant replied "Uh-huh." Defendant initialed each line and turned the form to Detective Ramos.

Detective Ramos then handed the form to defendant to review the waiver portion and asked in Spanish, "Do you understand?" Defendant replied, "Sí," and Detective Ramos told defendant in Spanish, "Write your name in the line[:] complete," pointing to a signature line. Defendant signed the form where Detective Ramos had pointed, but Detective Ramos turned the form back to defendant, again pointing to the bottom part of the form and stated, "And you have to sign here, the line is not there, but you have to sign." Defendant signed the form before turning it back to Detective Ramos, who then also signed it.

Detective Lucas conducted the remainder of the interview, and Detective Ramos translated as needed. During the course of the interrogation, defendant admitted to touching his step-granddaughter inappropriately.

B.

Defendant was indicted by a Bergen County grand jury for first-degree aggravated sexual assault, contrary to N.J.S.A. 2C:14-2(a)(2)(a) ; second-degree sexual assault, contrary to N.J.S.A. 2C:14-2(c)(4) ; two counts of third-degree aggravated criminal sexual contact, contrary to N.J.S.A. 2C:14-3(a) ; and third-degree endangering the welfare of a child, contrary to N.J.S.A. 2C:24-4(a).

**392Defendant challenged the admission of his statement to police, contending that the State failed to prove beyond a reasonable doubt that he knowingly, intelligently, and voluntarily waived his Miranda rights and that Detective Ramos inadequately translated the interview, denying him his rights to due process and equal protection.

At the hearing on defendant's suppression motion, Detective Ramos testified *218about his background and noted that, based on his personal experience speaking with both adults and children in Spanish, defendant "took his time reading [the form]. It appears to [him] that [defendant] did read it." Detective Ramos acknowledged that he did not ask defendant any questions to determine defendant's educational background or literacy level.

Detective Ramos also testified about discrepancies between the video recording and the transcript of defendant's statement and explained that he was "paraphrasing" defendant's answers.

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205 A.3d 213, 237 N.J. 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-am-nj-2019.