State v. Wilmot, 163 N.H. 148

Background

defendant Jason Wilmot convicted by jury of two counts of first-degree assault for recklessly injuring a baby under 13; challenged voluntariness of statements to police and sufficiency of evidence; two interviews occurred, first without Miranda warnings, second after waiving rights; detectives used minimization and coercive-appearing language; defendant admitted shaking the baby on two occasions; no objection to statements until after verdict; trial court denied motions to set aside verdict; appellate court affirms.
baby injuries occurred when defendant lived with the baby and mother; first hospital visit occurred after morning with baby; second hospital visit followed a day when he was alone with baby and stated “doing that limp thing again” while mother was away; mother and guest heard crying and found baby pale, limp, nonresponsive with eye bruise; doctors later diagnosed serious injuries; investigators videotaped two interviews and obtained admissions.
police did not administer Miranda warnings before first interview; second interview followed approximately seven hours later after orally waiving rights; interviews lasted under three hours and one hour respectively; defendant stated he participated freely and voluntarily; evidence reviewed under voluntariness standard; no coercive threats found.
doctor testified injuries included squeezing or violent shaking; defendant admitted to mishandling baby and to shaking on second hospital visit; other caregivers testified they did not injure the baby; evidence viewed in State’s favor supported inference that defendant alone caused injuries.
appellate court applied voluntariness standard under NH Constitution and held, under either NH or federal standard, that the statements were voluntary beyond a reasonable doubt; sufficiency of evidence upheld as rational juror could find defendant caused injuries beyond reasonable doubt.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Voluntariness of statements to police	State argues manifest weight applies; statements voluntary beyond reasonable doubt	Wilmot contends coercive tactics and lack of Miranda tainted voluntariness	Statements voluntary; voluntariness supported beyond reasonable doubt
Sufficiency of evidence excluding other caregivers	State argues no rational basis to blame others; admissions align with medical evidence	Wilmot contends evidence could point to other caregivers or lack of recklessness	Evidence sufficient to convict beyond a reasonable doubt

Key Cases Cited

State v. Parker, 160 N.H. 203 (N.H. 2010) (voluntariness standard under NH Constitution with federal aid)
State v. Rezk, 150 N.H. 483 (N.H. 2004) (totality of circumstances for voluntariness)
State v. Evans, 150 N.H. 416 (N.H. 2003) (sufficiency when evaluating circumstantial evidence)
State v. Bilodeau, 159 N.H. 759 (N.H. 2010) (mental illness not per se involuntary confession)
State v. Hernandez, 162 N.H. 698 (N.H. 2011) (police leniency tactics do not render statements involuntary)
State v. Oakes, 161 N.H. 270 (N.H. 2010) (conflicting evidence about coercion; juror not compelled by threat)
State v. Chapman, 135 N.H. 390 (N.H. 1992) (interview length not oppressive)
State v. Fandozzi, 159 N.H. 773 (N.H. 2010) (admissions and caregiver testimony can tie injuries to defendant)