State v. Diaz-Bridges

34 A.3d 748, 208 N.J. 544
CourtSupreme Court of New Jersey
DecidedJanuary 12, 2012
DocketA-49/50 September Term 2010, 067065
StatusPublished
Cited by52 cases

This text of 34 A.3d 748 (State v. Diaz-Bridges) 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. Diaz-Bridges, 34 A.3d 748, 208 N.J. 544 (N.J. 2012).

Opinions

Justice HOENS

delivered the opinion of the Court.

In this appeal we consider whether defendant’s request for permission to speak with his mother in the midst of his custodial interrogation was an assertion of his right to silence that required the investigating officers to cease their questioning. The trial court concluded that it was and ordered the suppression of all of the statements made by defendant after that request. The Appellate Division disagreed with that conclusion, but found that defendant did invoke his right to silence during one of his several subsequent reiterations of the request to speak with his mother and ordered the suppression of a lesser portion of his recorded confession.

Because neither defendant’s statements about his desire to speak with his mother nor any of his other statements were assertions of his constitutionally-protected right to silence, we [549]*549conclude that suppression of any portion of his confession was in error.

I.

Elizabeth O’Brien’s lifeless body was found stuffed inside a closet in her home on the afternoon of January 30, 2008. It was determined that she died from blunt force trauma to her head. Investigators learned that the victim’s two sons lived in the home and that they were friends with the defendant Demetrius Diaz-Bridges. They also learned that defendant had been at the victim’s home during the evening of January 29, 2008, and into the early morning hours of the day when her body was discovered. Based on the information that they had assembled, the investigators believed that defendant was the last person who had been with the victim before her death.

At the time, defendant was residing a few houses away from the murder scene in a home belonging to his girlfriend’s mother. Early in the morning on January 31, 2008, detectives from the Morris County Prosecutor’s Office and the Jefferson Township Police Department went there, looking for defendant. They woke him up and asked him to get dressed and accompany them to the Jefferson Township Police Headquarters to discuss O’Brien’s murder. Defendant complied with that request, was driven to the police headquarters in the company of three detectives, and was taken to an interview room. After asking defendant some preliminary general questions, the detectives advised defendant of his rights, see Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), which he acknowledged he understood and which he waived.

During the interview, which lasted approximately two hours, defendant said nothing that inculpated him in the murder. He did, however, give answers that proved to be at odds with statements he made to the investigating officers during a subsequent interview. He also agreed to submit to a polygraph examination, allowed police to take a sample of his DNA and his fingerprints, agreed to give the clothing he had been wearing on the day of the [550]*550murder to the police, and consented to a search of his room. He was then taken back to his residence.

About two hours later, two defectives returned to defendant’s residence and asked him if he would come back to police headquarters for further questioning.- Defendant again agreed and accompanied the detectives back to headquarters, where he was again advised of his rights and waived them. He answered the detectives’ questions, still making no statements that directly-inculpated him in the crime. At the end of the second interview, defendant returned to his residence.

O’Brien’s murder remained unsolved after defendant’s January 31, 2008, interviews. Several months later, based on information the detectives had learned in their investigation, they decided to speak to defendant about the murdbr again. On May 1, 2008, they learned that defendant had moved to Raleigh, North Carolina, where he was living with his mother and his stepfather. Detective Evelyn Tasoulas, who was employed by the Morris County Prosecutor’s Office, telephoned defendant’s stepfather and explained that she was looking for defendant. Within five minutes, defendant called Tasoulas back. Tasoulas told defendant that she wanted to rectify active warrants1 for him in Morris County. Although she did not mention the O’Brien murder, defendant told her he knew about the warrants and that he was “a little nervous” about “the Jefferson thing.” Nevertheless, defendant, who Tasou-las described as being calm, relaxed, and cooperative throughout their ten-minute telephone conversation, agreed to meet in Raleigh. -

Later that day, Tasoulas, accompanied by Sergeant Stephen Wilson and Detective Supervisor Don Dangler of the Morris County Prosecutor’s Office, Morris County Sheriffs Office Detective Mike Curullo, and Jefferson police Detective James Caruso, drove to North Carolina to meet with defendant. On May 2, 2008, [551]*551they met defendant at mid-morning in a parking lot in Raleigh. Wilson introduced himself, told defendant that he was with the Major Crimes Unit, and explained that he was there to speak to defendant specifically about the O’Brien homicide. After speaking to the detectives for approximately fifteen minutes, defendant agreed to go with them to the Raleigh Police Department Headquarters.

When they arrived at police headquarters, the detectives placed defendant in a room equipped with video and audio recording capabilities. Wilson, Dangler and Caruso conducted the interrogation, which was videotaped and recorded in its entirety.2 Because of the nature of the analysis undertaken by the trial and the appellate courts and the issues raised before this Court, we recount in detail what happened during the nearly ten hours of interview that followed.

At 11:25 a.m., when the questioning started, the detectives advised defendant of his Miranda rights, which he acknowledged that he understood and waived. The detectives then reminded defendant that there were outstanding warrants for him in New Jersey in matters unrelated to the O’Brien murder and advised him that he had the right to have a public defender present for any questioning concerning those unresolved matters. Defendant was also told that an attorney had been assigned to represent him in his unrelated Morris County cases and that he had the right to have that attorney present during their interview with him. After acknowledging that he was aware of these rights, defendant waived them as well.

During the first three hours3 of the interrogation, defendant denied committing the murder. Instead, he gave an account of his [552]*552activities on the day of the murder and attempted to divert attention from himself by suggesting that two other young men in the neighborhood were probably the culprits. Eventually, he told the detectives that the victim’s ¡son Tyler had committed the murder and had confessed to him: His explanation, all delivered in a tone and with gestures suggesting he was only trying to help the detectives find the killer, was inconsistent with some of his prior statements and with other information about the crime that the detectives had already learned.

Approximately three hours and| eleven minutes into the videotape, Wilson told defendant that he did not believe that defendant was telling the truth. Wilson suggested that defendant was “holding back” and that he would “not ... be able to hold it forever.” Defendant continued to deny that he was involved in the murder and insisted that he was not holding anything back.

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34 A.3d 748, 208 N.J. 544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-diaz-bridges-nj-2012.