Two gang members were shot and killed. The authorities suspected Mr. Bridgeford, an alleged member of a rival gang, was involved in the killings and obtained a warrant to obtain a sample of his DNA. He was handcuffed and taken to a police station where he was placed in a room and advised of his Miranda rights. Bridgeford said he wanted a lawyer and the interview was terminated. Not believing they had evidence sufficient to establish probable cause that Bridgeford was involved in the murders, the police released Bridgeford. Just a few hours later, police obtained additional evidence and arrested Bridgeford. Police took him to an interview room, again advised Bridgeford of his Miranda rights, reminded him of his earlier invocation of his right to an attorney, and asked him if he now wished to speak to them. Bridgeford said his earlier invocation was a mistake and proceeded to confess to the murders.
Prior to trial Bridgeford's lawyer moved the trial court to throw out Bridgeford's confession. The trial court denied the motion and Bridgeford's taped confession was played for the jury. He was convicted of the murders and various enhancements.
On appeal, a panel from the Fifth District reverses Bridgeford's convictions and remands the case for a new trial. The issue when invocation of the right to counsel bars subsequent attempts at interrogation following release and rearrest is controlled by Maryland v. Shatzer, where a unanimous United States Supreme Court held the police must wait 14 days after a suspect's invocation of the right to counsel before they can "try again" after the suspect's release. It appears from the opinion that neither party in the trial court cited to the Shatzer rule during the motion to suppress Bridgeford's confession and the trial court did not apply the rule. That was an error requiring reversal and a new trial.
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