58 Misc. 2d 748 | N.Y.C. Fam. Ct. | 1969
The issue before the court is the admissibility of respondent’s confession to a homicide.
According to the testimony of petitioner, who was the arresting officer, he had futilely attempted 10 or 11 times to find respondent or his mother at their home between June 15 and 18. Finally, at 10 o’clock on the morning of June 18, petitioner found respondent alone at home; respondent said his mother had not been home the night before and that his father’s whereabouts were completely unknown. At the police station, to which respondent accompanied petitioner for questioning, respondent supplied an address at which his mother might be sought. Leaving respondent at the police station, petitioner unsuccessfully tried to contact the mother at that address, again at her home, and by telephone, until about 1:00 p.m. Petitioner was likewise unsuccessful in his effort to locate a priest who had on previous occasions served in loco parentis for respondent.
At about 3:30 in the afternoon, according to petitioner, still in the police station, he “ advised respondent of his rights ” with respect to an interrogation. Respondent said he would make a statement; at about 6:30, after an Assistant District Attorney similarly “ advised ” him, respondent signed the statement whose admissibility is here in issue. While petitioner did not formally arrest respondent until after the interrogation, he testified that he would not have permitted respondent to leave the police station at any time. About or after midnight, respondent was finally taken from the police station to the Juvenile Detention Center.
Respondent’s confession was procured after he had been for at least eight hours in incommunicado police-dominated detention, no one except law enforcement officers being present during this entire period. Nor, apparently, was there any indication to respondent that he could expect any relief from his station house incarceration except through confession. The mere recital of his “ rights ” to a youth of 14, who was unattended by a guardian or counselor or friend, was insufficient to alleviate the coercive atmosphere borne of these circumstances.
A confession arising from “ fantasy, fright or despair ” (Matter of Gault, 387 U. S. 1, 55 [1967]) was a clear likelihood after respondent’s prolonged, isolated, police station custody. For a boy of 14, this detention had an intimidating, coercive and torturous aspect that is inappropriate to our system of justice ; that negates confidence in the trustworthiness of his confession ; and that renders it inadmissible under the due process guarantee.
It should be noted that this constitutional difficulty might have been avoided, had the police obeyed the mandates of section 724 of the Family Court Act that a juvenile can only be interrogated in a place “ designated * * * for the reception of children ” rather than a police station,
Respondent testified to his physical abuse by the police, and his mother testified to injuries on his head and face when he was brought to court the day after his arrest. Her testimony was flatly contradicted by the court’s probation intake officer, a social caseworker, whom the court called as a witness. Further, the respondent’s remarks to the probation officer during his intake interview cast doubt on the credibility of his testimony as to the conduct of the police.
2. Application of Miranda Buie.
In view of this court’s conclusion as to the violation of due process, it need not here determine whether the rule of Miranda v. Arizona (384 TI. S. 436 [1966]) —that no one in custody may be interrogated unless first given a four-point warning,
This court’s hesitancy to rest on a simple holding that Miranda applies to juveniles,
If a youth is interrogated while in custody in the Juvenile Detention Center in New York City (in accordance with the Family Court Act’s special provisions for juveniles); if members of the social work staff, which directs the center, are present at the interrogation; if he is told that he is not required to answer and that what he says can be used against him ;
It may be noted that applying Miranda to on-the-spot interrogation in street arrests of juveniles, would lead to a paradoxical result, tending to appear unfair and discriminatory to the youths themselves. For under Miranda, a juvenile taken into custody on probable cause on the street ordinarily could not
While some questions are thus presented with respect to the applicability to juveniles of Miranda in its apparent full sweep,
Petitioner’s counsel indicated that there may be other evidence in support of the petition in addition to respondent’s confession and the evidence that the man Ortiz had been the victim of a homicide. Accordingly, petitioner must be given an opportunity to request within 10 days that the case be re-calendared for a hearing.
. See Matter of Aaron 13. (30 A D 2d 183,187 [1st Dept., 1968]).
. Section 735 of the Family Court Act, barring the admission at a fact-finding hearing of statements made during a preliminary conference, should not be construed to forbid the consideration of such statements in the instant voir dire hearing.
. JSFo answer to an interrogation by a person in custody is admissible unless he has been informed of his right to remain silent, that anything he says can be used against him, that he has a right to consult a lawyer before consenting to interrogation and during it, and that a lawyer will be appointed for him if he desires but cannot afford counsel (pp. 467-473).
. 387 U. S. 1, 55 (1967). In contrast, in Miranda the trustworthiness of a confession is not a primary consideration (see mention of this factor at p. 455, note 24 and p. 464, note 33). (And, see, Johnson v. New Jersey, 384 U. S. 719, 731 [1966].)
. If Miranda applies, it is clear that petitioner has not discharged the “ heavy burden ” of showing that respondent understandingly and expressly waived his rights thereunder, especially his right to counsel (see pp. 475-476).
. Validated in its basic principle in Terry v. Ohio (392 U. S. 1 [1968]). While the court did not pass on the admissibility of statements made in a stop-and-frisk interrogation, it seems clear that they would not be barred because of the lack of the Miranda warnings. The exclusionary rule is primarily for the purpose of deterring illegal police practices '(see Mapp v. Ohio, 367 U. S. 643, 655-657, [1961]; here the court has approved the practice).
. These cautions aim to preserve dignity and integrity for a guilty person who otherwise would ¡be forced to choose between admitting guilt or lying, or who might unwittingly view the interrogator as a friendly confidante. Insofar as these warnings are intended to relieve a felt psychological dilemma, it would seem that the juvenile could make the choice of whether to answer without the advice of counsel.
Miranda’s concern with the inequality between the poor without counsel and the affluent with retained counsel (pp. 471-474), has much less pertinence in the juvenile than the adult world.
. Matter of Gregory (19 N Y 2d 55, 60 [1966]), in which youths in the center (then known as “Youth House”) were improperly questioned by a detective, reflects an extraordinary deviation and a period of less attention than at present to juvenile rights. While the then-administration of the facility was remiss in permitting such questioning, the advantage of the site of the interrogation was that non-police personnel were at least available to testify as to its circumstances, (cf. Miranda, p. 461.)
. Despite the Supreme 'Count’s broad definition of “ custodial interrogation ”, the Miranda defendants had in fact all been in incommunicado confinement in police stations or interrogation rooms (pp. 445, 456-457, 493-498).
. It may be noted that respondent is presently in placement in a State Training School, having been on parole at the time of the events alleged in the petition.