State v. Dion

2007 ME 87, 928 A.2d 746, 2007 Me. LEXIS 89
CourtSupreme Judicial Court of Maine
DecidedJuly 12, 2007
StatusPublished
Cited by46 cases

This text of 2007 ME 87 (State v. Dion) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dion, 2007 ME 87, 928 A.2d 746, 2007 Me. LEXIS 89 (Me. 2007).

Opinion

MEAD, J.

[¶ 1] Frank J. Dion appeals from a judgment of conviction entered in the Superior Court (Androscoggin County, Gorman, J.) on his conditional guilty pleas for gross sexual assault (Class A), 17-A M.R.S. § 253(1)(C) (2006); unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(l)(E-l) (2006); and sexual misconduct with a child under twelve years of age (Class C), 17 A M.R.S. § 258(1-A) (2006).1 Dion contends [748]*748that the court erred in denying his motion to suppress statements he made to the police because (A) he was not advised of his Miranda rights prior to custodial interrogation, and (B) his statements were involuntary. We disagree and affirm the judgment of conviction.

I. BACKGROUND

[¶ 2] On October 2, 2005, Deputy Travis Lovering and another uniformed officer of the Androscoggin County Sheriffs Department traveled to the residence of Rebecca Hinkley in Leeds to investigate a reported assault of Hinkley’s three-year-old daughter. During discussions with the victim and her mother, they learned that the victim had spent the previous night with a neighbor, Frank Dion, who lived across the street. The victim indicated to the officers that she had touched Dion’s genitals, that Dion had touched her genitals, and that Dion had shown her pornography. Deputy Lovering then requested the assistance of Detective Sergeant William Gagne of the Androscoggin County Sheriffs Department who arrived on the scene shortly thereafter.

[¶ 3] Lovering and Gagne crossed the street to Dion’s home. Their intention was to speak with Dion to see if he would talk about the incident. The officers had not made any decisions about arrests at that time. The officers were uniformed and had parked in front of Dion’s house.

[¶4] The officers knocked on Dion’s front door, and one of Dion’s children answered, quickly followed by Dion. Dion had seen the police across the street at the Hinkleys’ home. When the officers asked Dion where he would be most comfortable speaking with them, Dion replied that the front steps of his house would be acceptable. At the beginning of the conversation, Dion instructed his children to go inside the house.

[¶ 5] The officers informed Dion that they were investigating a reported incident with the victim. At first, Dion denied any knowledge of the incident, but later told the police that the victim walked in on him while he was masturbating.

[¶ 6] The tone of the discussion was conversational, and the officers remained calm and polite. The officers never told Dion that he was not free to leave or that he was required to speak to them. At no point during the conversation did the officers place Dion in handcuffs or restrain him in any fashion. The officers never drew their guns.

[¶ 7] During the course of the interview, Lovering repeatedly told Dion that Lover-ing “knew what happened,” and that it was in Dion’s best interest to explain whatever happened in his own words. Lovering encouraged Dion to “be a man about it.”

[¶ 8] About three minutes into the conversation, Dion stated that he had been looking at pornography on his computer while the children played in another room. The officers told Dion that the victim’s account of the incident greatly differed from his. They again told him that it would be in his best interest to tell the truth, and encouraged him to say exactly what happened.

[¶ 9] About ten minutes into the conversation, the officers asked Dion if he wanted to go into his house so they would not be in the presence of Dion’s girlfriend, but Dion expressed his preference to stay on the front steps. Lovering asked Dion if the victim had seen any pornography, which Dion denied. Lovering told Dion that “a three year old doesn’t make up stories like that and to be able to explain [749]*749every detail like she did to me .... I know you’re lying and what I want you to do i[s] to tell me the truth.” Dion then told the officers that he showed the victim pornography while she was sitting in his lap.

[¶ 10] The officers once again told Dion that they knew exactly what happened, but they stated they were willing “to give him the option” to explain what happened in his own words, because “it would actually look better for you to come out and say, “You know what, I really messed up this morning a little bit.’” Dion then told them that he exposed his genitals to the victim for a couple of minutes.

[¶ 11] After conversing for about twenty minutes, the officers reminded Dion that they had spoken to the victim, and that they knew there was more to it than what he was telling them. They told Dion that they were giving him the chance to say what happened and to get it off of his chest, but the decision was up to him. After a long pause, Dion told the officers “I take it I’m under arrest, right.” The officers told him that he was not under arrest. After another long pause, Dion admitted that the victim had touched his genitals, and he had touched the victim’s genitals.

[¶ 12] About twenty-nine minutes into the conversation, after describing the sexual touching, Dion asked if he could smoke a cigarette. Lovering reminded Dion that it was his house, and he could do whatever he wanted. Dion called to his girlfriend and his son to retrieve his cigarettes, and the officers told him that he could go up to the door because it was his house. Dion then smoked the cigarettes outside.

[¶ 13] Dion then told Lovering that he had performed oral sex on the victim.2 Lovering then asked Dion to prepare a written statement describing the prior events. Dion agreed. Dion made the statements noted above within the first thirty-five minutes of questioning.

[¶ 14] After Dion had signed a written statement, Gagne asked Dion if he wished to explain to his girlfriend, who was still in the home, the nature of his discussion with the officers. Dion told his girlfriend that he had touched the victim. At no time during the conversation did the officers remind Dion of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

[¶ 15] At the conclusion of the interview, the officers arrested Dion.3 Dion was charged by indictment with gross sexual assault (Class A), 17-A M.R.S. § 253(1)(C), unlawful sexual contact (Class B), 17-A M.R.S. § 255-A(l)(E-l); and;sexual misconduct with a child under twelve years of age (Class C), 17-A M.R.S. § 258(1-A).

[¶ 16] Dion filed a motion to suppress his statements to the police, arguing that he made involuntary statements in custodial interrogation without having been advised of his Miranda rights. A two-day suppression hearing was held in August 2006. At the hearing, Dion testified that he felt he had to talk to the police when they came to his house, and that he did not believe he was able to terminate the interview and walk away. Dion testified that he thought he was under arrest the whole time, even after the officers told him he was not. Dion based these feelings largely on the tone and physical presentation of the officers.

[¶ 17] The court denied Dion’s motion to suppress. The court found that no Mi[750]*750randa warnings were required because Dion was not in custodial interrogation at the time of the conversation.

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Cite This Page — Counsel Stack

Bluebook (online)
2007 ME 87, 928 A.2d 746, 2007 Me. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dion-me-2007.