State v. Gerrit Musterd
56 A.3d 931
R.I.2012Background
- Musterd was convicted of first-degree murder and related offenses in Rhode Island Superior Court and appealed.
- Pretrial motions to suppress evidence and confession were denied; Musterd argued improper arrest and coercive interrogation.
- Officers investigated Benson’s murder after Edmonds provided details identifying Musterd as Joe Rodrigues, and learned he was an undocumented immigrant.
- Edmonds recorded a post-arrest interview and later facilitated a hidden recording of Musterd agreeing to statements; Musterd confessed after arrest.
- Police eventually recovered weed in Benson’s car and later $72,000 in cash at Benson’s home; a shoreline location was identified for discarded weapon.
- Musterd contends delay in presentment and surreptitious recording tainted voluntariness of the confession; trial court denied suppression and new-trial/motion for acquittal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest without a warrant | Musterd | Musterd | Probable cause existed; arrest lawful without a warrant |
| Voluntariness of confession and Miranda waiver | Musterd | Musterd | Waiver knowing and voluntary; recording did not vitiate voluntariness |
| Delay in presentment and suppression of confession | Musterd | Musterd | Delay not causative; presentment delay did not render confession involuntary |
| Sufficiency of the evidence for judgment of acquittal/new trial | Musterd | Musterd | Evidence sufficient; denial of new trial and acquittal affirmed |
Key Cases Cited
- State v. Ortiz, 824 A.2d 473 (R.I. 2003) (probable-cause review and deferential factual findings)
- State v. Guzman, 752 A.2d 1 (R.I. 2000) (mixed-law-and-fact analysis for probable cause)
- State v. Barros, 24 A.3d 1158 (R.I. 2011) (two-step Miranda voluntariness analysis)
- State v. Bido, 941 A.2d 822 (R.I. 2008) (Miranda waiver standards and voluntariness)
- Moran v. Burbine, 475 U.S. 412 (U.S. 1986) (outside information cannot affect waiver of rights)
- State v. Jimenez, 33 A.3d 724 (R.I. 2011) (knowing and intelligent waiver standard)
- State v. Leuthavone, 640 A.2d 515 (R.I. 1994) (knowingly and intelligently relinquishing rights)
- State v. King, 996 A.2d 613 (R.I. 2010) (Rule 5(a) presentment timing standards)
- State v. Pineda, 13 A.3d 623 (R.I. 2011) (standard for reviewing new-trial and acquittal motions)