 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Bean3/31/1995
DOOLEY, J. The State of Vermont appeals an order of the Rutland District Court granting defendant Ronald Bean's motion to suppress incriminating statements and an attempted guilty plea made by defendant to the trial court during two hearings in which he was not represented by counsel. The State contends that the trial court erred in ruling that defendant did not knowingly and intelligently waive his right to counsel, as secured by the Sixth Amendment to the United States Constitution and Chapter I, Article 10 of the Vermont Constitution, and, further, erred in suppressing the statements and guilty plea. We affirm.
On February 18, 1993, defendant was arrested for violating an abuse prevention order, and the next day, he was brought before the Rutland District Court pursuant to V.R.Cr.P. 5. The affidavit of the arresting officer expressed concern about defendant's mental health, noting that he had recently been in two psychiatric hospitals, that he said "he believes he is the reincarnation of Christ," and that he was talking of suicide to bring inner peace. Although defendant had talked with a public defender prior to his appearance, he rejected her representation. In response to questions from the Judge, defendant stated that he had been denied use of the telephone to contact "my proper counsel," who practiced in another state. When asked whether he would like to represent himself, defendant answered, "For now, yes, sir." He would not sign a waiver, however, stating, "I am having a really hard time right now."
The court then proceeded to provide defendant the information required by V.R.Cr.P. 5(d), including that anything that defendant said "here can be used against you during prosecution of the case." The court stated:
If you don't wish to be arraigned today, you can wait until Monday, that would be the next arraignment day. You are allowed to speak with family and friends before entering a plea today.
The court asked defendant if he would like to read the information and affidavit. Once he had read the information and affidavit, defendant began asking questions and making statements about the charges and his rights. The court did nothing to stop defendant's questions or statements. In the course of his comments, defendant stated: "I know this can be used against me, I was planning on killing that woman that night." He described that he had an axe ready to split her head open, and wood ready to burn her body, but he could not get her to say anything "that I could kill her for." After some more comments by defendant, the court entered a pro forma not guilty plea for defendant, scheduled an arraignment for the following Monday, continued cash bail, and ordered a psychiatric examination of defendant.
On February 22, 1993, defendant appeared before the district court for arraignment. By this time, the State had added the charge of kidnapping to the charge of violating an abuse prevention order. Defendant stated he would not "go with this lawyer," referring to the public defender, and demanded "to go pro se." The court allowed defendant to proceed, and another rambling Discussion ensued. Defendant first asked not to plead "until time of trial." At that point, the court entered a not guilty plea for defendant. When the court asked defendant whether he wanted to represent himself at all stages of the proceedings, defendant once again alluded to the out-of-state attorney with whom he had yet to consult, and stated that he wanted to leave open the option of obtaining an attorney. The court commented that obtaining an attorney was advisable due to the serious nature of the charges. Defendant then abruptly announced that he wanted to plead guilty to both charges.
Page 1 2 3 4 5 Vermont DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|