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Commonwealth v. Ogrod12/30/2003
ion 3: Do you want to remain silent? Appellant wrote no.
Question 4: Do you understand you have a right to talk to a lawyer before we ask you any questions? Appellant wrote yes.
Question 5: Do you understand that if you cannot afford to hire a lawyer and you want one we will not ask you any questions until a lawyer is appointed free of charge? Appellant wrote yes.
Question 6: Do you want to talk with a lawyer at this time or have a lawyer with you while we ask you any questions? Appellant wrote no.
Question 7: Are you willing to answer questions of your own free will without any force or fear or threat or promise having been made to you? Appellant answered yes.
Suppression N.T. at 37-38; Trial N.T. at 59-60.
One of the Detectives then said, "Walter, you indicated you want to give us a statement at this time. Remember, you can stop whenever you want to. Please go on in your own words and tell us what you would like to say." Suppression N.T. at 40; Trial N.T. at 62. Appellant gave Detectives a detailed account of how he killed Barbara Jean. He told the Detectives that Barbara Jean came to his door looking for Charlie Jr., who was not at home, and Appellant enticed Barbara Jean into the basement asking her if she wanted to play doctor. Suppression N.T. at 43; Trial N.T. at 63. Appellant proceeded to take off her clothing and started rubbing his penis against her leg. Suppression N.T. at 43; Trial N.T. at 64. When he tried to push her face into his penis, Barbara Jean started to scream. Suppression N.T. at 43; Trial N.T. at 64. Appellant admitted that he held her down and hit her repeatedly with a pipe; he explained that "it might have been my small pull down bar to my weight set." Suppression N.T. at 43; Trial N.T. at 64. She did not move again after that. Suppression N.T. at 43; Trial N.T. at 64. She was bleeding and Appellant told Detectives that he grabbed a cloth and placed her in the tub holding her head under water. Suppression N.T. at 43; Trial N.T. at 65. Appellant then described how he disposed of the body of Barbara Jean by placing her in a plastic bag, locating an empty box nearby, placing the body in the box, and carrying the box some distance before deciding to leave it near some garbage cans. Suppression N.T. at 44-46; Trial N.T. at 65-67. The Detectives showed Appellant photographs of the box, first closed -- Appellant identified the box as the one that he had placed the child in; and then open -- Appellant confirmed that Barbara Jean was in the box. Suppression N.T. at 48; Trial N.T. at 69.
When Appellant completed his statement, the Detectives left the room and returned with a few other questions. Appellant then confirmed that the statement was the whole truth. Detectives gave the entire statement to Appellant to read. Appellant complied. Suppression N.T. at 50; Trial N.T. at 73-74. Detectives asked, "is there anything you would like to add to or change now that you have read these 16 pages?" Appellant responded by saying, "I am sorry." Suppression N.T. at 51; Trial N.T. at 74. Appellant then signed the statement. Suppression N.T. at 51; Trial N.T. at 75.
The next witness to testify for the prosecution was Jason Banachowski (Mr. Banachowski), who was incarcerated on the same cellblock as Appellant during some of the time between the November 4, 1993 mistrial and the September 1996 retrial. N.T. 10/4/96 at 7-8. Mr. Banachowski testified that Appellant told him that on July 12, 1988, Appellant came home from work because it was slow and lured Barbara Jean to his house. Id. at 9. He said that Appellant told him that his boss had asked him to give out fliers for the company; however, it was hot and Appe
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