982 N.E.2d 45
Mass. App. Ct.2013Background
- Defendant charged with three counts of indecent assault and battery on a person fourteen or older; suppression of statements granted at district court level; Commonwealth sought interlocutory appeal.
- Interrogation consisted of a four-to-seven minute non-recorded preinterview followed by a forty-three minute recorded interview in which Miranda warnings were given and waiver obtained.
- Defendant acknowledged stepdaughter’s allegations were true while claiming memory gaps due to intoxication; later admitted to some acts but disputed memory of vaginal touching.
- Judge found waiver voluntary but questioned voluntariness of statements given alleged coercive techniques and minimization by detective Pisano.
- Appellate court conducted independent review of video and background facts to determine voluntariness under totality of the circumstances; reversed suppression.
- Defendant’s statements found voluntary; suppression order reversed and case proceeds
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the Miranda waiver voluntary? | Commonwealth—waiver voluntary due to informed, detailed Miranda colloquy. | Defendant—preinterview not recorded potentially undermines voluntariness. | Waiver voluntary; no merit to challenge based on preinterview recording. |
| Were the statements voluntary under totality of circumstances? | Commonwealth—interview did not overbear defendant’s will. | Defendant—investigative techniques, minimization, and emotional manipulation undermined will. | Statements voluntary; Commonwealth met burden to show no overbearing of will. |
Key Cases Cited
- Commonwealth v. Novo, 442 Mass. 262 (2004) (video speaks for itself; appellate review of video accepted)
- Commonwealth v. Magee, 423 Mass. 381 (1996) (voluntariness requires totality of circumstances beyond Miranda waiver)
- Commonwealth v. Selby, 420 Mass. 656 (1995) (test of voluntariness includes totality of circumstances and will overborne)
- Commonwealth v. Durand, 457 Mass. 574 (2010) (minimization and other techniques considered; factors for voluntariness)
- Commonwealth v. O’Brian, 445 Mass. 720 (2006) (length of interrogation as a factor in voluntariness)
- Commonwealth v. Meehan, 377 Mass. 552 (1979) (police may suggest cooperation without rendering confession involuntary)
- Commonwealth v. DiGiambattista, 442 Mass. 423 (2004) (minimization and related techniques discussed; limited impact if not combined with false evidence)
- Commonwealth v. Baye, 462 Mass. 246 (2012) (cooperation and perceived benefits judged against voluntariness)
- Commonwealth v. Mandile, 397 Mass. 410 (1986) (relevance of interrogation details to voluntariness)
- Commonwealth v. Ortiz, 435 Mass. 569 (2002) (guidance on evaluation of voluntariness in light of legal consequences)