 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Steelman9/13/1978
all others made by Steelman up to this time were suppressed by the trial court and are mentioned only as they may have had an effect, as Steelman insists they did, on the later statements which were admitted.
On the evening of 10 November, Steelman sent a note to Ambrose and Kenneth Wagner, another San Joaquin County officer, asking them to talk with him. They received the note at 10:15 p. m. The note stated:
"* * * 11-10-73, I, Willie Steelman, would like to see Ambrose or Wagner. Signed Willie Steelman. Witnessed Deputy M. K. Mann, Number 4772."
Steelman was again advised of his rights and Ambrose asked him if he wanted his attorney to be called. A waiver of the right to an attorney was signed at 11:15 p. m. and Steelman made an extensive statement with the session continuing until about 1:30 a. m. The statement covered the Sandberg killings and the Armstrong kidnapping.
Steelman testified that the reason he sent the note was that he wanted to see his girlfriend and thought that this was the only way to do it. He also testified that he was tired of hassling and that telling another officer wouldn't make any difference at that point.
At 9:00 a. m. on the 11th, the Maricopa County officers returned and obtained another statement. The warnings were given and Steelman acknowledged his rights before providing the information.
That evening, Sgt. Wagner returned to the jail to talk to Steelman about some of the details of the statement taken the night before. When Wagner arrived, he found Steelman's court-appointed attorney preparing to confer with the defendant. The attorney asked Wagner to wait for a few minutes while he conferred with his client. The conference lasted almost two hours and at its conclusion, the lawyer told Wagner that Steelman had told him about a crime which was about to happen in Tucson. Wagner took Steelman's statement about this crime in the presence of the attorney. The lawyer made no comment to Wagner about further conversations with his client before he left. After reading the Miranda warnings, Wagner took another statement concerning both the California and Arizona charges.
The final statement was taken more than a week later (19 November 1973). Larry Hust of the Tucson Police Department gave Steelman the appropriate warnings and Steelman waived his rights. Hust testified that he had relied on all of the information which had been gathered in preparing for the interview. Although he testified that he felt better physically, Steelman testified that he made the statement because his lawyer had told him that he had blown everything and thus he felt that telling another would make no difference.
A statement may be inadmissible as involuntary for one of three reasons: (1) it may be involuntary on its own in that it was the result of impermissible conduct by law enforcement officers at the time it was taken, see Brown v. Mississippi, 297 U.S. 278, 56 S.Ct. 461, 80 L.Ed. 682 (1936); (2) it may also be involuntary because earlier coercive pressures have not been dispelled, United States v. Bayer, 331 U.S. 532, 67 S.Ct. 1394, 91 L.Ed. 1654 (1947); or (3) it is directly derivative of a prior involuntary confession, Leyra v. Denno, 347 U.S. 556, 74 S.Ct. 716, 98 L.Ed. 948 (1954).
It is clear that Steelman asserted his right to counsel from the beginning. Once an accused asserts his desire for an attorney, all interrogation must cease until an attorney is present. Miranda v. Arizona, supra; Michigan v. Mosley, 423 U.S. 96, 96
S.Ct. 321, 46 L.Ed.2d 313 (1975). Statements in the interim will be inadmissible. This does not preve
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|