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Ornquist v. State6/6/2001
t was potentially misleading, the misleading aspect of the statement was cured by what happened when Ornquist arrived at the trooper station: Ornquist was furnished a telephone and a phone book, and he was allowed to call anyone he wished. Given this opportunity, Ornquist focused on contacting an attorney, but no one prevented him from calling his wife.
Indeed, Judge Cutler found that Ornquist did not renew his request to contact his wife because he did not wish to call her:
The Court: [Mr. Ornquist] did not want his wife to know he was popped [i.e., arrested] for DWI. He knew the scene at home would not be good. And, in fact, he didn't contact his wife for something like half a day after he got out of jail[.]
We have reviewed the evidence presented to the superior court, and we conclude that Judge Cutler's findings are not clearly erroneous.
Based on Judge Cutler's findings, we uphold her ruling that Trooper Cyr did not infringe Ornquist's right to contact his wife following his arrest.
Conclusion
For these reasons, the judgment of the superior court is AFFIRMED.
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