State v. Roman

983 So. 2d 731, 2008 WL 2356379
CourtDistrict Court of Appeal of Florida
DecidedJune 11, 2008
Docket3D06-1949
StatusPublished
Cited by7 cases

This text of 983 So. 2d 731 (State v. Roman) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Roman, 983 So. 2d 731, 2008 WL 2356379 (Fla. Ct. App. 2008).

Opinion

983 So.2d 731 (2008)

The STATE of Florida, Appellant,
v.
Jesus ROMAN, Appellee.

No. 3D06-1949.

District Court of Appeal of Florida, Third District.

June 11, 2008.

Bill McCollum, Attorney General, and Angel L. Fleming, Assistant Attorney General; Katherine Fernandez Rundle, State Attorney, and Christine E. Zahralban, Assistant State Attorney, for appellant.

Bennett H. Brummer, Public Defender, and David S. Markus, Special Assistant Public Defender, for appellee.

Before COPE, RAMIREZ, and SALTER, JJ.

RAMIREZ, J.

The State appeals a pretrial ruling suppressing statements made by defendant Jesus Roman (then a minor) to police. Roman and four adult co-defendants were charged in a seven-count indictment with first-degree murder, attempted first-degree murder with a deadly weapon, kidnapping with a weapon, armed robbery with a firearm, and armed sexual battery. Roman gave a detailed statement to the police describing the events surrounding the crime. The entire statement was recorded, as well as the pre-statement interview. We reverse because Roman freely executed a Miranda[1] rights waiver form, *732 and both the recording and the testimony at the motion to suppress indicated that he knowingly, voluntarily, and sufficiently waived his rights.

I. Pertinent Facts Relating to the Pretrial Statement

Most of the facts regarding Roman's pretrial statement are not in dispute. On the night of Saturday, April 27, 2002, young adults Ana Maria Angel and Nelson Portobanco had a dinner date in Miami Beach. They walked on the beach at the south end of the city and, as they returned from that walk, were abducted at gunpoint by a group of young men in a white pickup truck.

Ana Maria Angel was assaulted, raped, and ultimately shot in the head at point blank range while on her knees. Nelson Portobanco was beaten, stabbed, and left for dead alongside Interstate 95 as the kidnappers drove north in the pickup truck.

Using information obtained from Portobanco at North Broward Hospital, credit card and ATM information, and cell phone details, a Miami Beach homicide detective traced the suspects to an apartment complex in Orlando early Sunday morning. Florida Department of Law Enforcement (FDLE) personnel in Orlando were brought into the investigation. During the questioning of persons other than Roman, the investigation implicated Victor Caraballo, his brother Hector Caraballo, Joel Lebron, Cesar Mena, and Jesus Roman (also known as "Tito," "Tico," or Jesus Roman Torres) as the five perpetrators.

Three law enforcement officers made the first contact with Lebron and Roman some time between 1:00 a.m. and 2:00 a.m. on Monday, April 29, 2002. The police drew their guns; Lebron and Roman were handcuffed and searched. Their clothing was removed, and they were given jumpsuits to wear. They were driven separately to FDLE's Orlando headquarters, arriving at approximately 2:40 a.m.

When a detective ascertained that Roman was a juvenile, the police attempted to contact Roman's parents. They visited Evelyn Roman, Roman's biological mother, who is also Joel Lebron's sister, at Evelyn Roman's home in Orlando. Initially, she was too distraught to talk to the police.

Police then drove the four suspects in custody, including Roman, to Miami Beach for processing. There is no indication in the record that Roman was questioned or interviewed before his arrival in Miami Beach later on Monday. During that afternoon, a detective called Ms. Roman to notify her that her son had arrived safely in Miami Beach. Early that evening, the same detective called her again, and an Orlando-based FDLE agent went to Ms. Roman's home to help translate for her and to act as a witness for a tape-recorded call, as well as to get her consent for the police to question her son, Roman.

The interview was conducted by Detective Larry Marrero who had been on the investigation with little or no sleep for at least twenty-five hours. According to the transcript, the questioning began about 5:00 p.m. and five persons were on the call: in Miami Beach, two officers and Roman; and in Orlando, Ms. Roman and a bilingual FDLE agent translating the questions and answers into Spanish for her benefit.[2]

*733 At the outset, Ms. Roman was asked whether she consented to the questioning of her minor son, and she twice granted permission. The interview was conducted by Detective Marrero who then stated, "I'm going to do you [sic] your rights. Do you give me permission to speak with you without a lawyer?" Roman answered, "Yes." Roman was asked if he understood that right and he again answered, "Yes." The detective then stated, "If you can for me, sign for me with your initials on, on the first . . . Evelyn . . . on . . . you understood that right?" Ms. Roman answered, "Yes."

The recording and the transcript continues as follows:

Detective: OK. Do you understand that some . . . what, what you tell me today can be used against you in court?
Roman: Yes.
Detective: Do you give me permission to speak with you?
Roman: Yes.
Detective: And you understand that right?
Roman: Yes.
Detective: Put you initials here. Evelyn, did you understand those rights?
Ms. Roman: Yes.
Detective: After I've told you all this, do you give me permission to speak with you?
Roman: Yes.
Detective: Have I you . . . have I made any promises?
Roman: No.
Detective: And have I . . . have I tortured you? Have I done something wrong?
Roman: No.
Detective: OK. Put your initials there for me, me, me. Evelyn, do you understand?
Mrs. Roman: Yes.
Detective: OK. Now . . . after reading all these rights, do you give me permission to speak with you without a lawyer?
Roman: Yes.
Detective: OK. Put your initials there . . . and . . . here. Your name and the date—
[There is a pause of a approximately four seconds]
Detective: The date is 4-29-02.
[Another pause].

The interview then continues.

It is clear from the tape and the transcript that Roman was provided with a Spanish-language printed notice of constitutional rights. The form, which is in evidence, had the five Miranda-required rights and a space after each for his initials. It is titled "Constitutional Rights Notice," and states, as translated, the following:

1. You have the right to remain silent. You do not have to make any statements if you do not wish to.

Do you understand this? _____

2. Anything that you say can and will be used against you in court.

3. You have the right to an attorney for legal advice at this moment or at any other future moment. If you do not have the means to pay for an attorney, one will be provided to you.

*734 4. Do you wish to have an attorney present now?

5. Knowing your rights the way they have been explained to you, are you willing to answer the questions without having an attorney present?

Roman signed at the bottom of the form, and it was witnessed by the two officers. During the "doing" of the rights, Detective Marrero omitted a description or reading of some of the disclosures on the printed form.

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Related

State v. Maxwell
245 So. 3d 994 (District Court of Appeal of Florida, 2018)
State v. Herrera
201 So. 3d 192 (District Court of Appeal of Florida, 2016)
Reza v. State
163 So. 3d 572 (District Court of Appeal of Florida, 2015)
Roman v. State
40 So. 3d 876 (District Court of Appeal of Florida, 2010)
Jomolla v. State
990 So. 2d 1234 (District Court of Appeal of Florida, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
983 So. 2d 731, 2008 WL 2356379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roman-fladistctapp-2008.