State v. Paul

792 A.2d 42, 2002 R.I. LEXIS 34, 2002 WL 363422
CourtSupreme Court of Rhode Island
DecidedFebruary 28, 2002
DocketNo. 00-252-C.A.
StatusPublished
Cited by1 cases

This text of 792 A.2d 42 (State v. Paul) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Paul, 792 A.2d 42, 2002 R.I. LEXIS 34, 2002 WL 363422 (R.I. 2002).

Opinion

OPINION

WILLIAMS, Chief Justice.

This case came before the Court pursuant to the appeal of the defendant, Joseph M. Paul (defendant), from a first-degree murder conviction. The defendant argues that the trial justice erred in denying his pretrial motion to suppress his statements to the police about the murder of James Strauss (Strauss). We disagree and hold that the defendant did knowingly and voluntarily waive his rights during the police interrogation, and thus the admission of his confession was permitted. The facts pertinent to this appeal are as follows.

I

Facts and Travel

On the afternoon of August 17, 1998, defendant was arrested outside his home at 82 Oniska Street in the Oakland Beach section of Warwick. A few hours before the arrest, Kelly Badmington (Badming-ton), a friend of defendant’s, met with Detective Edward F. Pelletier (DetPelletier) of the Warwick Police Department. Bad-mington told Det. Pelletier that defendant was involved with the disappearance of Strauss. Strauss, another resident of Oakland Beach and a suspected drug dealer, had been reported missing by his mother since August 13,1998.

Badmington testified that on both August 15 and 16, 1998, defendant said that he had killed Strauss and that he recounted the details of the incident. She said that defendant killed Strauss, in defendant’s home because he believed that Strauss was sexually involved with defendant’s former girlfriend. Badmington also testified that defendant had killed Strauss in an attempt to rid the community of Strauss’s drug dealing and to stop Strauss from tempting him with narcotics. The defendant had an alcohol dependency, [44]*44along with a history of cocaine abuse. Armed with this information, the police decided to monitor defendant’s residence. At about 1 p.m. on August 17, 1998, defendant left his home through his backyard into an empty lot adjacent to the home. At this time, the surveillance officers intercepted defendant and stopped him. Approximately thirty seconds later, Det. Pelletier arrived at the scene. Detective Pelletier approached the visibly nervous defendant and asked him whether he knew why the police had approached him. The defendant said “because [Jimmy] was missing.” The defendant was then advised of his Miranda1 rights and was taken to police headquarters for interrogation.

The defendant was interrogated by Detectives Thomas P. Conroy (DetConroy) and Kevin Petit (Det.Petit) of the Warwick Police Department. The interrogation resulted in a statement signed by defendant, disclosing that he had killed Strauss. The statement was accompanied by a signed Miranda form, in which defendant acknowledged his constitutional rights.2 Sometime that afternoon, with search warrant in hand, the police found Strauss’s body buried in defendant’s basement. The search of the house also produced the murder weapon. Subsequently, defendant was charged with first-degree murder.

During a pretrial hearing, defendant moved to have his statements to the police suppressed, asserting that he did not knowingly and voluntarily waive his constitutional rights. Detective Conroy, Det. Pelletier and defendant testified at the hearing. The testimony focused primarily on the police interrogation. The defendant contested Det. Conroy’s version of the events. Concerning the initial statement made to Det. Pelletier, defendant argued that he had been drinking heavily that morning and was intoxicated.

Detective Conroy testified that he advised defendant of his Miranda rights. He said that defendant stated that he was not under the influence of alcohol or narcotics. After some dialogue, defendant asked to see his attorney. After defendant’s request, Det. Conroy testified that he ceased any further discussion and that he and Det. Petit started to leave the room. At this time, defendant indicated that he did not want to be left alone, and asked the detectives to stay.

Detective Conroy further testified that defendant initially spoke about his family and childhood for about twenty-five minutes, and then wanted to discuss the disappearance of Strauss. Detective Conroy asked defendant if he wanted an attorney present, and defendant responded in the negative. Then Det. Conroy read defendant his Miranda rights again, had him read the rights to himself, and sign the form. After defendant signed the form, he admitted his guilt and discussed the circumstances of the killing. As defendant dictated, Det. Petit transcribed the state[45]*45ment on a form which defendant later signed.

In stark contrast, defendant testified that he had been on a three-day narcotic and alcohol binge, ingesting little food during the time before his arrest. However, defendant did confirm that Det. Conroy apprised him of his rights initially and that he did sign the Miranda form. He stated that he signed the statement out of confusion because he was drunk, tired and thirsty. The crux of defendant’s testimony focused on the confession form, claiming that it was blank when he signed it. After the trial justice considered the testimony and relevant case law, he denied the motion to suppress.

At trial, defendant argued the defense of diminished capacity. Both parties proffered expert witnesses to testify about defendant’s ability to form the specific intent to murder. The jury ultimately believed the opinion of the prosecution’s expert that defendant did not suffer from diminished capacity and that he had the mental capacity to form intent. The jury thus, found defendant guilty of first-degree murder. The defendant was sentenced to life in prison, and he timely appealed.

II

The Motion to Suppress Defendant’s Statements to Police

The defendant argues that the trial justice erred in denying the motion to suppress because (1) Det. Pelletier acted improperly by asking defendant a question at the scene the of arrest, and thus elicited an incriminating response prior to Miranda warnings, (2) the initial illegality was further exploited by police when they took the statement from defendant, despite his invocation of the right to counsel, and (8) considering the totality of the circumstances, he did not knowingly and voluntarily waive his constitutional rights. We disagree.

The state argues that since defendant’s first two arguments raise the purported illegality of the initial statement, he is precluded from arguing these points because the issue was not raised during the suppression hearing. We agree with the state’s position. “According to our well-settled ‘raise or waive rule,’ issues that were not preserved by a specific objection at trial ‘sufficiently focused so as to call the trial justice’s attention to the basis for said objection, may not be considered on appeal.’” State v. Briggs, 787 A.2d 479, 484 (R.I.2001) (quoting State v. Oliveira, 774 A.2d 893, 907 (R.I.2001)).

The record is devoid of any reference to this statement, other than Det. Pelletier’s testimony that defendant had, in fact, made it. Although the trial justice did say that “I don’t need any arguments. I have the testimony fresh in mind,” this did not preclude defendant from arguing that the trial justice should have considered the admissibility of the statement.

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Cite This Page — Counsel Stack

Bluebook (online)
792 A.2d 42, 2002 R.I. LEXIS 34, 2002 WL 363422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-paul-ri-2002.