State v. Carpentier

562 A.2d 181, 132 N.H. 123, 1989 N.H. LEXIS 80
CourtSupreme Court of New Hampshire
DecidedAugust 16, 1989
DocketNo. 88-084
StatusPublished
Cited by16 cases

This text of 562 A.2d 181 (State v. Carpentier) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Carpentier, 562 A.2d 181, 132 N.H. 123, 1989 N.H. LEXIS 80 (N.H. 1989).

Opinion

JOHNSON, J.

After a jury trial, defendant Steven Carpentier was convicted of second degree murder in the death of Joyce Milot. Before trial, Carpentier moved to suppress a videotaped statement that he made to members of the Manchester Police Department on January 14, 1986. The Superior Court {Dalianis, J.) denied the motion, and the State showed a redacted version of the videotape to the jury at trial. Carpentier now appeals the denial of his motion to suppress. At issue are whether he was in custody when he made the videotaped statement, whether it followed his request for counsel, and whether he made it voluntarily. We affirm.

Following the November 1987 suppression hearing, the superior court made the following findings of fact. Manchester police officers originally contacted Steven Carpentier on December 20, 1985, in their investigation of Joyce Milot’s death. They informed him that, although he was not being charged with an offense, he was a possible homicide suspect. They then read him his Miranda rights and took a statement. Officers contacted Carpentier again in January 1986 and, with his agreement, made arrangements for him to provide them with blood and hair samples and to come to Manchester for a second interview. It was agreed that the officers would pick Carpentier up in Concord, where he was living with his brother, and drive him to Manchester. The superior court [125]*125specifically found that officers provided transportation for Carpentier’s convenience.

On January 14, 1986, two officers arrived in Concord dressed in plain clothes and driving an unmarked police car. Carpentier, who had been waiting for them, entered the car unassisted. He was not handcuffed. The officers told Carpentier they would go first to Catholic Medical Center in Manchester for the samples and then to the Manchester police station for the interview. He assented, stating that he wanted to help. After a doctor at Catholic Medical Center explained the hospital’s waiver form, Carpentier indicated that he understood the form, requested a copy of the test results, and signed a waiver releasing those results to the police.

Carpentier then accompanied the officers to the Manchester police station. They entered the station through a side entrance and went to the polygraph room, where the interview was conducted. The room had two windows and a door and was approximately 10 by 10 feet in size. It contained mirrored glass, a desk, and a clock. There was also a videotape camera in the room, and officers explained to Carpentier that the interview would be videotaped.

During the interview, three officers were present. Captain Brodeur and Lieutenant Robinson conducted the questioning and Sergeant Jaskolka operated the video camera. The officers gave Carpentier a cup of coffee, which he drank while being questioned. Captain Brodeur informed Carpentier that the Manchester police were interviewing various people in their investigation of Joyce Milot’s death. He explained that he would question Carpentier first as to his background and criminal record and then as to his whereabouts on December 18, 19 and 20, 1985. Following this explanation, Brodeur asked Carpentier questions about his family and friends. The superior court specifically noted that Carpentier appeared calm while answering these questions. After Brodeur reiterated that he would next ask about the three dates noted above, he gave Carpentier the State’s standard waiver form, containing Miranda warnings and a set of questions, and asked him to read the warnings aloud and explain them in his own words.

Carpentier read and indicated that he understood each of the warnings and answered the questions in writing. He stopped at the question “Do you want a lawyer present? Yes/No.” Before answering he asked Captain Brodeur, “Do I need one?” Brodeur responded, “Right now, it’s just an interview — about the facts that have taken place ... since ... December.” Carpentier then indicated on the form that he did not desire an attorney.

[126]*126When Carpentier had completed the waiver form, Brodeur and Robinson asked him about his relationship with the victim and his whereabouts on the dates indicated. Carpentier answered all of their questions. The superior court specifically noted that the intensity of the interview escalated when the officers confronted Carpentier with an inconsistency between his December 20th statement, and information they .had obtained from other witnesses, but diminished again when Carpentier denied these inconsistencies.

Shortly before the interview ended, Carpentier indicated that he would be late for work if he did not leave, and the officers soon finished questioning him and drove him to work in Concord. Before leaving, Carpentier stated that he would “be happy” to return another time. During the interview, Carpentier never confessed, asked to leave, or requested an attorney. On January 18th the police discovered a gym bag containing numerous pieces of physical evidence directly implicating him in the victim’s death. On January 24, 1986, more than a week after he made the statement at issue, Carpentier was arrested in Florida, where he was staying with family.

Carpentier argues that Manchester police violated his State and federal constitutional rights at the January 14th interview. He claims that he was in custody during the interview and that when he asked, while reviewing the waiver form, whether he needed an attorney, he made a request for counsel for purposes of Miranda v. Arizona, 384 U.S. 436 (1966), which the officers failed to honor. Carpentier further argues that the police deceived him by minimizing the seriousness of his situation, telling him that they were merely conducting an interview when they intended to subject him to belligerent interrogation. He claims that his statement was thus involuntary. The State counters that Carpentier was not in custody, never requested counsel, and made his statements voluntarily.

Custody determinations for Miranda purposes are essentially factual, and we will uphold the superior court’s rulings unless contrary to the manifest weight of the evidence or the result of an error of law. United States v. Beraun-Panez, 812 F.2d 578, 580 (9th Cir.), modified, 830 F.2d 127 (1987). Custody entitling a person to Miranda protections during interrogation requires “‘formal arrest or restraint on freedom of movement’ of the degree associated with formal arrest.” California v. Beheler, 463 U.S. 1121, 1125 (1983) (quoting Oregon v. Mathiason, 429 U.S. 492, 495 (1977)). In the absence of formal arrest, the trial court must determine whether a suspect’s freedom of movement was sufficiently curtailed [127]*127by considering “how a reasonable man in the suspect’s position would have understood his situation.” Berkemer v. McCarty, 468 U.S. 420, 442 (1984).

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Bluebook (online)
562 A.2d 181, 132 N.H. 123, 1989 N.H. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carpentier-nh-1989.