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People v. Harrington10/2/2003
nda rights and signed a standard form waiving them. Trooper Escalante, the polygraph administrator, informed the officers on the case of defendant's waiver. When Trooper Gutierrez reminded defendant of his rights before the post-polygraph interview, defendant said that he knew his rights "by heart". Similar to McElhaney, defendant had previous contact with the criminal justice system, including a pending drunk driving charge in Michigan at the time he left for California. Additionally, defendant testified that the police did not coerce or in any way force defendant to make a confession and that his statement was made voluntarily. Finally, defendant wanted a polygraph exam in order "to prove his innocence," and he knew that he had the option of declining to take the exam.
The trial court properly applied the McElhaney test and held that defendant sufficiently demonstrated that he knowingly and intelligently waived his Sixth Amendment rights because like McElhaney, he had previous experience with the criminal justice system, was read his Mirada rights before his confession, and he initiated post-arraignment contact with the police. Therefore, I conclude the trial court did not err in denying defendant's motion to suppress.
Kirsten Frank Kelly
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