State v. Naititi

87 P.3d 893, 104 Haw. 224, 2004 Haw. LEXIS 227
CourtHawaii Supreme Court
DecidedApril 12, 2004
Docket25779
StatusPublished
Cited by30 cases

This text of 87 P.3d 893 (State v. Naititi) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Naititi, 87 P.3d 893, 104 Haw. 224, 2004 Haw. LEXIS 227 (haw 2004).

Opinions

Opinion of the Court by

LEVINSON, J.

The plaintiff-appellant State of Hawai'i [hereinafter, “the prosecution”] appeals from the findings of fact (FOFs), conclusions of law (COLs), and order of the first circuit court, the Honorable Sandra A. Simms presiding, ruling that certain statements that the defendant-appellee Samuel Naititi made to Honolulu Police Department (HPD) Detective Phillip Lavarías were involuntary, within the meaning of Hawai'i Revised Statutes (HRS) § 621-26 (1993),1 and therefore inadmissible at trial. As a threshold matter, the prosecution asserts that it is entitled to appeal the circuit court’s order as a matter of right, pursuant to HRS § 641-13(7) (1993).2 On the merits, the prosecution contends that the circuit court erred in suppressing Naiti-ti’s statements because: (1) they were not the product of “interrogation” and, therefore, the mandate of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), was not implicated; and (2) they were communicated spontaneously—albeit nonrespon-sively to Detective Lavarias’s preliminary inquiry as to whether Naititi wished to make a statement—and, accordingly, were voluntarily made, whether Naititi understood Detective Lavarias’s preliminary question or not.

Naititi responds (1) that the prosecution lacked the right of direct appeal conferred by HRS § 641-13(7) and that this court therefore is without jurisdiction to entertain the present matter and (2) that, in any event, the circuit court correctly excluded Naititi’s un-Mirandized custodial and involuntary statements.

We hold that the circuit court’s order foreclosing the admission of Naititi’s statements into evidence is the functional equivalent of a “pretrial order granting a motion for the suppression of evidence,” within the meaning of HRS § 641-13(7), and that we have jurisdiction to consider the prosecution’s appeal. On the merits, we hold that Naititi’s “confession” was “voluntarily made” for purposes of HRS § 621-26 and that his right to Miranda warnings had not ripened as of the time he “confessed” because, although Naititi was clearly “in custody,” Detective Lavarías had not yet subjected him to “interrogation.” Accordingly, we vacate the circuit court’s [228]*228FOFs, COLs, and order ruling that Naititi’s statements to Detective Lavarías were involuntary, and remand this matter to the circuit court for further proceedings consistent with this opinion.

I. BACKGROUND

On June 12, 2002, an 0‘ahu Grand Jury returned an indictment against Naititi charging him with two counts of sexual assault in the third degree, in violation of HRS § 707-732(l)(b) (1993).3 On April 16, 2003, Naititi filed a motion in limine urging the circuit court to enter an order excluding the eviden-tiary use at trial of all of Naititi’s pretrial statements made to Detective Lavarías and any testimony that Detective Lavarías might otherwise give regarding Naititi’s utterances.

On April 17, 2003, the prosecution filed a motion to determine the voluntariness of Naititi’s statements [hereinafter, “the prosecution’s motion”], pursuant to HRS § 621-26, see supra note 1, wherein the prosecution sought to establish the admissibility at trial of allegedly incriminating statements that Naititi, who is deaf and mute, uttered by sign language to Detective Lavarías through a sign language interpreter.

A. The Voluntariness Hearing

The circuit court conducted a hearing on the prosecution’s motion to determine volun-tariness on April 21, 2003. Prior to addressing the prosecution’s motion, the circuit court allowed the deputy public defender (DPD) to clarify Naititi’s motion in limine seeking an order of exclusion; the DPD explained that the motion pertained to the statements that Naititi made at the police station. The circuit court ruled, with regard to Naititi’s statements, that the issue was being taken up by the prosecution’s motion to determine voluntariness.

Turning to the prosecution’s motion, the circuit court heard the testimony of Detective Lavarías and Hugh Prickett, an American Sign Language (ASL) interpreter, regarding the custodial interview of Naititi, which occurred on June 5, 2002. It was undisputed that Prickett was a well-qualified ASL interpreter. Prickett testified that he received a referral from Hawai'i Services on Deafness on June 5, 2002, directing him to the HPD police station on Beretania Street to interview a deaf suspect. Prickett recounted that he was introduced to Naititi in an interview room at the police station and that he interpreted everything that Detective Lavarías said to Naititi. Prickett then testified that Naititi signed “sorry,” demonstrating the sign from the witness stand. Prickett testified that Detective Lavarías next “said something about [’]we want to ask you a few questions[’] and something about the ... right to have a lawyer.... [Naititi] continued to talk as if he just was not responding to what ... the detective was saying to him.” Prickett interpreted Naititi’s signing to signify “touch not,” which Prickett interpreted to mean “touch but did not penetrate.” Prick-ett opined, based on his observations, that Naititi did not understand Prickett’s ASL gestures and signs and that Naititi was “[d]efinitely not responsive.” Finally, Prick-ett testified that “the detective said, ‘We have to stop this [interview] now,’ and that was the end of it.”

Detective Lavarías identified Naititi and described the circumstances giving rise to his investigation. The deputy prosecuting attorney (DPA) asked Detective Lavarías whether he was aware of a “special accommodation that needed to be met in order to possibly get an interview from [Naititi].” Detective Lavarías responded that he understood Nai-titi was deaf and, therefore, that he procured the services of an ASL interpreter. Detective Lavarías further testified as follows:

[Detective Lavarías]: [M]r. Prickett arrived and I sat him down in the interview room. I went downstairs to the cellblock to get Mr. Naititi. I brought him upstairs to the second floor and we all sat down in the CID interview room.

[229]*229[DPA]: Okay. What do you recall happening after you came and the three of you were in the room together?
[Detective Lavarías]: Well, at that time I asked Mr. Priekett to ask Mr. Naititi if he wanted to make a statement to me today.
[DPA]: Okay. And you’ve already told us that you don’t speak [ASL], but did it appear to you that Mr. Priekett signed something to [Naititi]?
[Detective Lavarías]: Yes.
[DPA]: Okay. Based on what you observed did [Naititi] gesture or sign anything back to Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
87 P.3d 893, 104 Haw. 224, 2004 Haw. LEXIS 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-naititi-haw-2004.