State v. Muntean

2010 VT 88, 12 A.3d 518, 189 Vt. 50, 2010 Vt. LEXIS 101
CourtSupreme Court of Vermont
DecidedNovember 5, 2010
Docket2009-241
StatusPublished
Cited by28 cases

This text of 2010 VT 88 (State v. Muntean) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Muntean, 2010 VT 88, 12 A.3d 518, 189 Vt. 50, 2010 Vt. LEXIS 101 (Vt. 2010).

Opinions

Dooley, J.

¶ 1. This case presents the issue of whether defendant William D. Muntean was in police custody at any point during a police interview during which he made various incriminating statements. The trial court concluded that defendant was in police custody during the entire interview and that, because defendant had not received Miranda warnings before or at any point during the interview, the incriminating statements must be suppressed. The State filed an interlocutory appeal contesting the trial court’s decision. We granted the appeal and affirm.

[53]*53¶ 2. Defendant is charged with two counts of aggravated sexual assault pursuant to 13 V.S.A. § 3253(a)(9). During the course of discovery, defendant filed a motion to suppress statements that he made during a January 3, 2009 interview with the state police. Defendant alleged that the interview was custodial and that the interrogating detective failed to administer Miranda warnings before obtaining the incriminating statements. After holding a hearing, the trial court found the following facts.

¶ 3. In December 2007, the Vermont State Police opened an investigation of allegations that defendant had sexually abused his daughters when they were children and that he had more recently sexually molested his two grandsons. The investigating detective interviewed both defendant’s adult daughters, who disclosed to him that defendant had sexually abused them when they were children, and his minor grandsons, who stated that defendant had engaged in recent acts of sexual abuse against them. On January 2, 2008, the detective telephoned defendant and told him that he would like to speak with him at the Rutland state police barracks on the following day. The detective did not mention to defendant what he wanted to talk about. Defendant agreed to the interview, which was arranged at a time that accommodated defendant’s schedule.

¶4. The next day, defendant arrived at the barracks for the interview. Police cruisers were parked in the rear of the building, but visible to defendant as he drove into the barracks’ parking lot. Upon arriving, he entered the lobby through the public entrance and waited there for the detective. The detective entered the lobby and invited defendant to accompany him to a part of the barracks that has controlled access. Defendant agreed, and the detective escorted him into the secured part of the building. The detective wore plain clothes and a badge on his belt and did not have a gun on his person.

¶ 5. The detective escorted defendant down a hallway approximately forty to fifty feet in length to the polygraph room, a small, windowless room located off the main hallway. When they entered the polygraph room, the detective instructed defendant to sit in the polygraph chair and asked if he would mind if the detective closed the door. Defendant did not object. The detective closed the door, which was located behind defendant and to his left, and then sat across a small table from him. The detective did not block defendant’s access to the door.

[54]*54¶ 6. After asking a few preliminary questions, the detective told defendant that he had spoken to defendant’s daughters and that an allegation had been made. He asked defendant if he had an idea of the nature of the allegation. Defendant indicated that he did, but when asked if he could tell the detective what the allegation was, defendant said “no.” Defendant then stated, “I need a lawyer to co-sign. I can’t tell you.” The detective responded, “Okay. That’s fine. I mean it’s up to you.” However, the detective did not stop the interview.

¶ 7. Defendant asked the detective to disclose the allegations that had been made against him. The detective told him that they involved inappropriate touching and that he wanted to obtain defendant’s side of the story. Upon hearing this, defendant stated, “Yeah, excuse me, I understand, you know, I mean I watch TV — you’re not supposed to say anything without a lawyer.” The detective responded, “It’s your [choice],” and said that defendant was not under arrest and that no charges were pending against him. When defendant asked for confirmation that he was not under arrest, the detective replied, “No, no, you came here. I asked you to come. You’re here on your own free will.” Defendant indicated that he understood.

¶ 8. The detective then told defendant that he had recently interviewed defendant’s minor grandsons as well. Defendant acknowledged an awareness of the interview with his grandchildren but denied that anything had happened with them. The detective then said:

Bill, I talked to the boys. I mean, I know it’s true and I understand — I understand certain things that happen to people, and I understand that there are things in life that sometimes you can’t control. Okay? And I’m not trying to judge. I’m just trying to help you through that.

A short time later, the detective stated, “But, I mean, this is what we have right in front of us right now, and the allegations have been made, and I mean you’ve done it.” Defendant again denied having engaged in improper acts with his grandsons, to which the detective replied:

No, but I know you did. I mean, I’ve got four different people, plus I can see you. I can see the look in your face. I can see everything you’re thinking right now, and [55]*55I know that you did, okay? The question is how do I help you past that, you know?

¶ 9. At this point, the detective confronted defendant with more details concerning the allegations that he had inappropriately touched his daughters and asked defendant to admit responsibility. Instead of admitting to any inappropriate activity, defendant replied: “You haven’t given me my rights yet. Do I need rights now? What is said against me, you know?” The detective confirmed, “everything you say we’re going to be using, yes.” Defendant responded, “aren’t you supposed to tell me that first?” The detective answered:

You’re not under arrest .... We’re trying to do an interview here. You’re going home today, okay? That’s certain, all right. What happens after that — that’s not for certain. But the question is, do you try to just shoot for it with the court, or do you try to explain yourself.

¶ 10. Shortly after this statement, there was a disruption in the hallway, prompting the detective to briefly step outside the polygraph room to quiet the noise. When the detective reentered, defendant proclaimed, “Like I said, I don’t know what I should tell you without a lawyer.” The detective explained to defendant that, “that’s up to you,” and that the detective could not advise him as to what he should say without a lawyer. Defendant then directly asked if he needed a lawyer. The detective again told him, “I can’t advise you yes or no. I’m not allowed to say. You’re here on your own volition, which is fine, and I appreciate you coming in. You’ve already admitted to some things that you did.” Before this time, defendant had admitted that he had “touched” his daughters, but not to any specific acts. He steadfastly denied any inappropriate conduct with his grandchildren and claimed he felt judged by the detective.

¶ 11. The interview continued, and defendant admitted to certain specific acts of inappropriate conduct with his daughters, but denied others. The detective responded, “Gee, that’s not completely true either.” The detective then shifted back to the allegations made by defendant’s grandchildren.

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Bluebook (online)
2010 VT 88, 12 A.3d 518, 189 Vt. 50, 2010 Vt. LEXIS 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-muntean-vt-2010.