State v. Plch

826 A.2d 534, 149 N.H. 608, 2003 N.H. LEXIS 93
CourtSupreme Court of New Hampshire
DecidedJune 30, 2003
DocketNo. 2000-789
StatusPublished
Cited by20 cases

This text of 826 A.2d 534 (State v. Plch) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Plch, 826 A.2d 534, 149 N.H. 608, 2003 N.H. LEXIS 93 (N.H. 2003).

Opinion

Nadeau, J.

The defendant, Vaclav Plch, appeals his first-degree murder conviction, arguing that the Trial Court (Groff, J.) erred in: (1) failing to suppress statements he made during custodial interrogation and after his invocation of the right to counsel; (2) finding that he was adequately informed of his right to have counsel present while being questioned; (3) [610]*610failing to suppress evidence seized pursuant to a warrant supported by-observations made in a prior illegal search; and (4) limiting evidence that the victim had used prescription medication. We affirm.

We recite the following facts as found by the trial court for purposes of ruling on the defendant’s motions to suppress. On July 20, 1999, a headless, dismembered body was found in the Piscataquog River in Manchester. The victim was identified as Mary Stetson, and an autopsy determined that her death had been caused by multiple stab wounds.

On August 5, 1999, the defendant’s ex-wife, Donna Plch, reported him missing to the Manchester Police. Ms. Plch called the police again the next morning and asked that an officer be sent to the defendant’s apartment. She apparently informed the dispatcher that she hadn’t seen the defendant in approximately a month and that a large section of carpet was missing from his bedroom.

Officer Jean Roers was sent to the defendant’s apartment to obtain information for an attempt-to-locate report. After obtaining some basic information from Ms. Plch, Officer Roers asked why she had mentioned the missing rug in her call to the police. Ms. Plch then opened the door to the defendant’s bedroom and walked in. Officer Roers followed. Ms. Plch showed Officer Roers where a section of carpet had been cut and pointed out that the defendant’s fishing tackle was scattered around the room and the bag that usually contained it was missing.

Finding the details of the defendant’s disappearance suspicious, Officer Roers informed the detective division of her belief that the defendant pray have been the victim of a crime. Detectives arrived at the apartment and interviewed Ms. Plch and the defendant’s roommate. The police obtained written consents to search the apartment and the apartment building’s common areas from the defendant’s roommate and the building’s manager respectively.

The police applied for and obtained a search warrant for the first floor of the apartment building, including the defendant’s apartment. The search pursuant to the warrant uncovered evidence including blood evidence consistent with DNA profiles of the defendant and the victim.

On August 10, 1999, a warrant issued for the defendant’s arrest. Acting on information that the defendant was in Austin, Texas, Lieutenant Putney and Detective Soucy flew there and arrested him.

Lieutenant Putney interviewed the defendant in a police station interview room. He advised the defendant of his rights by reading each right listed on the Austin Police Department’s Miranda form, see Miranda v. Arizona, 384 U.S. 436 (1966), and asking the defendant if he understood that right. With regard to the right to counsel, the following conversation took place:

[611]*611MP Okay. It says you have the right to have a lawyer present to advise you prior to you [sic] during any questioning. Do you understand that?
VP Miran.
MP Okay. If you are unable to hire a lawyer — okay, if you can’t afford a lawyer — you have the right to have, ah, you have a right to have a lawyer appointed to you — to advise you prior to and during any questioning.
VP Yeah, what does that mean?
MP That means that if you can’t afford one, what happens is you can apply uh, in court, you fill out an affidavit — a financial affidavit saying that you can’t afford a lawyer and the court will appoint one for you.
VP Mmm.
MP You understand that?
VP Yeah.

The defendant signed the Miranda waiver form and the interview proceeded for approximately forty-five minutes. At that point, the defendant stated: “Now I want my lawyer.” The following colloquy then occurred:

MP You want a lawyer?
VP Yeah.
MP You can have a lawyer, but we know what happened that night Billy. And you’ll get a lawyer. This was going to be an opportunity, I guess for you to try to convince us of the person you really are. But, that’s not gonna happen. And you know what? You’re all done. We can’t talk to you any longer Billy.
VP 1,1 —
MP Billy, look at me, just look at me and listen to me a minute. Okay? We can not talk to you any longer. You asked for a lawyer. And I have to play by the rules. You understand that?
VP Ya.
[612]*612MP I cannot ask you any more questions. As much as I’d like to, I can’t do that. If you have a change of heart and you want to stand up and be the man you want to be and let us know where those body parts are so that family can rest, then you have to tell somebody when you go down stairs that you want to talk to the Detectives. We cannot go to you. We cannot talk to you any longer. You have something to say, you have to tell them that you want to talk to the Detectives. Do you understand?
VP I understand.

The defendant was then left alone in the room for approximately twenty minutes until Lieutenant Putney returned and informed him of the charge he faced, which prompted the following exchange:

MP But, this is the complaint against you? I just want you to make sure that it’s clear. Okay? You’re being charged with second degree murder, okay? That you caused the death of Mary Stetson by stabbing her multiple times in the chest, okay? That’s what this complaint states, okay? Do you have any questions with that at all?
VP That’s life prison, right?
MP Ahh. Well, the penalty is up to the judge and we’re not there yet — we’re not there yet. You understand?
VP Mmm.
MP It’s serious — you understand that?
VP It’s serious. Very serious.
MP It is serious. Taking somebody’s life is serious----

Approximate forty minutes later, Detective Soucy and Austin Police Detective Thompson took the defendant to the booking room. The defendant began to make potentially incriminating statements to Detective Soucy, who immediately informed the defendant that he could not speak to him because he had requested an attorney. The defendant nevertheless indicated twice that he wanted to talk at that time. Detective Soucy consulted with Detective Thompson who proposed that they finish the booking process and give the defendant time to think. Detective Thompson then gave the defendant the telephone extension of the homicide unit and told him to have the booking officers call if he still wished to talk.

[613]

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Cite This Page — Counsel Stack

Bluebook (online)
826 A.2d 534, 149 N.H. 608, 2003 N.H. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-plch-nh-2003.