State v. Rosales

998 A.2d 459, 202 N.J. 549, 2010 N.J. LEXIS 649
CourtSupreme Court of New Jersey
DecidedJuly 19, 2010
StatusPublished
Cited by31 cases

This text of 998 A.2d 459 (State v. Rosales) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Rosales, 998 A.2d 459, 202 N.J. 549, 2010 N.J. LEXIS 649 (N.J. 2010).

Opinion

Justice WALLACE, JR.,

delivered the opinion of the Court.

The issue before us is whether it was error to deny defendant Graciano Martinez Rosales’ request to call a psychiatrist as an expert witness to testify that defendant’s confession was not voluntary. Defendant was indicted for the death of the victim, based, in part, on his confession. Defendant’s motion to suppress [552]*552his statement was denied. Prior to trial, defendant moved to present expert psychiatric testimony that, based on defendant’s background and the circumstances surrounding the interrogation, he confessed to a crime he did not commit. The trial court denied the motion. A jury subsequently found defendant guilty. On appeal, defendant challenged the failure to permit his expert to testify that his statement was not voluntary. The Appellate Division affirmed. We granted defendant’s petition for certification, State v. Rosales, 200 N.J. 475, 983 A.2d 201 (2009), and now affirm. We conclude that, on the record before the court, it was not an abuse of discretion to reject the expert’s proposed testimony that defendant confessed to a crime he did not commit.

I.

We summarize the pertinent facts necessary to decide this appeal. The indictment arose out of the stabbing death of Carolyn Arrington in July 2004. On August 5, 2004, the owner of an apartment building, located in Perth Amboy, discovered the dead body of Arrington in the basement and called the police. Lieutenant Phillip Terranova and other officers arrived to find the decomposing body of the victim. There was blood spatter throughout the basement.

Detective Steven Killane was assigned to lead the investigation. On August 7, 2004, Detective Killane returned to the building where the incident occurred and came upon Pedro Ventura. Ventura invited Detective Killane into his apartment. Once inside, the police observed a marijuana pipe in plain view and arrested Ventura. When questioned about the slain woman, Ventura admitted that several days earlier, he and defendant entered the basement to have sex with the victim. He stated that defendant argued with the victim, stabbed her, and placed the bloody knife in the garbage outside the building.

The next day, Detective Killane and three other officers visited defendant at his apartment on State Street in Perth Amboy. Defendant agreed to talk to the police and accompanied the [553]*553officers to the police station. After the police read defendant his Miranda1 rights, he signed a card acknowledging his waiver of those rights.2 During an approximately thirty-minute interview, defendant denied involvement in the murder.

The police then asked defendant if he would agree to submit to a polygraph examination, and defendant said he would. Because the examiner was not available until the afternoon, defendant was given the option of going home or remaining at headquarters. Defendant chose to remain at headquarters.

At approximately 2:00 p.m., the police transported defendant to the Middlesex County Prosecutor’s Office, where the examination would take place. Prior to the polygraph examination, Sergeant Irma Alvarez issued defendant a second set of Miranda warnings. Defendant waived his rights and signed the Miranda card. Alvarez administered the polygraph examination from 5:11 p.m. to 5:43 p.m. Following the examination, Alvarez informed the officers that the test revealed that defendant had not been truthful.

Several hours later, near 9:00 p.m., the police reissued Miranda warnings to defendant, and he again waived his rights. In a recorded statement, defendant admitted he had sexual relations with Arrington on multiple occasions, including the night of the incident. However, defendant stated that when he left the basement Arrington was fine. Further, defendant explained that, as he was leaving, he saw a young man walking down the basement steps towards Arrington. He ignored the young man and went to visit Ventura in his apartment. After leaving Ventura’s residence, defendant claimed he heard a woman scream and he ran home.

The police moved defendant to the Perth Amboy Police Department to view a photo array of potential suspects in an attempt to identify the man defendant described as having entered the basement when he was leaving. That proved unsuccessful.

[554]*554The police continued to question defendant after he was again informed of his Miranda rights and again defendant agreed to speak to the police. Beginning at 12:18 a.m., defendant provided a second tape-recorded statement. On this occasion, defendant added that he had argued with Arrington over the amount of money he had to pay for sex, and as a result of that argument, Arrington slapped him. Defendant explained that he lost control and stabbed her with a blade. He subsequently dropped the knife in a trash bag outside the building. Defendant claimed that he did not intend to kill Arrington and that her death was an accident. The police placed defendant under arrest.

A Middlesex County grand jury indicted defendant for first-degree murder, N.J.S.A. 2C:ll-3(a)(l) and (2), fourth-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d), third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) and third-degree hindering apprehension or prosecution, N.J.S.A. 2C:29-3(b)(4).

In January 2006, defendant was in jail when he allegedly told fellow inmate, Bernard Dickens, that he had “poked” the victim. Dickens claimed that defendant believed the police did not possess much evidence against him, and that he would claim insanity as a defense. Following that conversation, Dickens contacted the Prosecutor’s Office and reported defendant’s comments.

Defendant filed a motion to suppress his statements. He retained psychiatrist Dr. Robert Latimer, who met with defendant on three occasions at the prison. Dr. Latimer also reviewed most of the discovery materials generated from the investigation. In his September 22, 2005 letter-report, Dr. Latimer opined that defendant “ha[d] been vulnerable to severe anxiety and panic due to the power of the interrogation setting.” He concluded that defendant’s “will was overcome to the point where he confessed to a crime he did not commit.”

At the hearing on the motion to suppress defendant’s statements, the State called Investigator Ricardo, who outlined the timing and details of the circumstances surrounding defendant’s [555]*555several statements. Next, the court heard testimony from Dr. Latimer. Limited only to the suppression hearing, the State did not object to Dr. Latimer’s testimony as an expert in psychiatry and forensic psychiatry. Dr. Latimer described his three, one-hour interviews with defendant, which he acknowledged did not include any psychological testing. He related defendant’s various statements concerning what occurred during the interrogation by the police. Dr. Latimer testified that defendant said the police had told him that he had five minutes to live, that an electric chair was coming, and that at one point an investigator picked up the phone, dialed someone, and appeared to make arrangements to have defendant picked up to be transported to the electric chair.

Dr. Latimer opined that if such conduct occurred, defendant would have been demoralized and his will would have been overcome.

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Bluebook (online)
998 A.2d 459, 202 N.J. 549, 2010 N.J. LEXIS 649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rosales-nj-2010.