State v. Madonda

2016 NMSC 022, 10 N.M. 11
New Mexico Supreme Court·Decided June 13, 2016·No. 34,667·Published·Cited by 7 cases

Opinion

OPINION

VIGIL, Justice.

{1} Defendant Muziwokuthula Madonda (Defendant) was interrogated following his arrest for the murders of two men in Tucumcari, New Mexico. At the outset of the interrogation, law enforcement officers advised Defendant of his Miranda rights, and he unequivocally invoked his right to remain silent and his right to counsel. However, the officers continued to interrogate Defendant, and Defendant eventually made incriminating statements. Defendant then moved pretrial to have the statements suppressed, arguing that they were obtained in violation of the prophylactic rules announced in Miranda v. Arizona, 384 U.S. 436 (1966) and Edwards v. Arizona, 451 U.S. 477 (1981). The district court granted Defendant’s motion to suppress the statements, and the State, in turn, filed this interlocutory appeal. Because we hold that the officers failed to scrupulously honor Defendant’s invocation of his Miranda rights, we affirm.

I. BACKGROUND

{2} On March 24, 2011, the New Mexico State Police were called to the Tucumcari Inn after a relative found Bobby Gonzales and Gabriel Baca dead in the bathroom of room number 126. The investigation, headed by New Mexico State Police Agent Josh Armijo, led law enforcement to suspect Defendant had committed the murders. Relying in part on information provided by Defendant’s former employer, Texas Rangers assisted the New Mexico State Police in locating and arresting Defendantnear Houston, Texas, on March 27, 2011. After his arrest, Defendant’s van was impounded and he was transported to the Montgomery County Sheriffs Office in Conroe, Texas.

{3} Defendant was questioned by law enforcement on three separate occasions following his arrest. The first interrogation attempt occurred shortly after the arrest, at approximately 1:00 a.m., and was conducted by Texas Rangers Steven Rayburn and Jason Taylor. During this interview, Defendant told the Rangers, “I will not talk,” invoking his right to remain silent. At that point, the Rangers did not attempt to further interrogate Defendant concerning the murders but did continue conversing with Defendant about what would happen to his van and other belongings. Ranger Taylor asked Defendant for his consent to search Defendant’s hotel room, which Defendant gave. Ranger Taylor then explained that the officers would take an inventory of the contents of Defendant’s van and asked if Defendant would give the officers permission to conduct a search of the vehicle. Defendant asked why the officers needed his permission if they were going to search the van anyway, and Ranger Taylor explained that officers conducting a search might “look a little deeper” because they would be looking for evidence of criminal activity, not just creating an inventory of Defendant’s belongings. Defendant refused to consent to the search of his vehicle. He did, however, ask the Rangers if he could have his Bible, which was in the van. Ranger Rayburn explained that he would have access to a Bible at the jail, but Defendant expressed that he preferred his own Bible, which was easier to read because it had all his notes and markings in it. Ranger Rayburn explained that he was not sure if Defendant would be allowed to have his own Bible inside the jail and that someone else would make that decision after the inventory of the vehicle. The conversation ended shortly thereafter and Defendant was taken to jail.

{4} Agent Armijo, Sergeant Matthew Broom, and Agent Kevin Massis of the New Mexico State Police arrived at the Montgomery County Sheriff’s Office the following day. While the New Mexico officers were en route to Texas, Ranger Taylor secured a search warrant for Defendant’s van. After the three New Mexico officers arrived in Texas, Rangers Taylor and Rayburn briefed them regarding the previous interview attempt. Ranger Rayburn specifically advised the New Mexico officers about Defendant’s request for his Bible because of the “possible significance” of the notes Defendant had written inside it. Agent Armijo and Sergeant Broom spent approximately thirty minutes discussing their plan for interviewing Defendant. They determined that they needed Defendant’s Bible for the interview, so they instructed Agent Massis, who was conducting the search of Defendant’s van, to locate and provide it to them prior to the interrogation. The Bible was not included on the search warrant return receipt, nor was it tagged into evidence. It was, however, numbered and photographed so the officers could keep track of it, the photograph showing Defendant’s name written on the front page.

{5} After receiving the Bible, Agent Armijo and Sergeant Broom met with Defendant on March 28, 2011. This second attempt to interview Defendant gave rise to the issue we address in this opinion.

{6} The interrogation on March 28, 2011, took place in the same interview room as the meeting between Defendant and the Rangers the day before. Defendant, Agent Armijo, and Sergeant Broom entered the room together. The officers each carried a notebook and Agent Armijo also had a manila envelope, which he placed on the table as he entered the room. The three men sat at a table in the corner of the room with Defendant seated between the two officers. Less than a minute after entering the room, Agent Armijo advised Defendant of his Miranda rights, which Defendant indicated he understood. Then, the following exchange occurred:

Agent Armijo: Okay. Uh, with these rights in mind, do you uh, do you have a problem siftin' here and talking with us?
Defendant: Oh, I would like a lawyer please.
Agent Armijo: Okay, that’s more than fair.
Defendant: Don’t know if you guys can help with that. I’ve been here two days and no one has told me what’s going, what’s going to happen or uh, I don’t know and what’s the wait for, what exactly . . .
Agent Armijo: Okay, okay.
Defendant: Yeah.
Agent Armijo: Okay. Umm, so what, what, what’re you saying? What are you asking me?
Defendant: I would like a lawyer. Talk to, to a lawyer first.
Agent Armijo: Okay, I understand that. But you said I, if I could help you with something.
Defendant: Uh . . .
Agent Armijo: With explaining to you why you’re here?
Defendant:No. Iunderstand why I’m here. I don’t know if you guys could help set me up with a lawyer or if it’s, falls under a certain department or if you guys can handle that. That’s all I’m trying to ask you.

{7} The conversation continued as Defendant and the officers discussed the process for obtaining a lawyer. The officers explained that the court would likely appoint counsel at Defendant’s arraignment, but the process would probably take a few days.

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State v. Madonda, 2016 NMSC 022, 10 N.M. 11 (N.M. 2016).

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