2842/09 - Maryland Courts

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[PROSECUTOR]: [WITNESS]: What time did you advise him of his Miranda Rights? We began at 1:15, 13:15 hours. * * * [PROSECUTOR]: [WITNESS]: [PROSECUTOR]: [WITNESS]: [PROSECUTOR]: [WITNESS]: [PROSECUTOR]: [WITNESS]: [PROSECUTOR]: [WITNESS]: And what did you do after you read [appellant] his Miranda Rights? I asked [appellant] if, in fact, he understood his rights. He indicated that he did. I asked if he would sign the first line which is the acknowledgment that says I have read or have had read to me this explanation of my rights. And [appellant] signed that. And what was the next thing that occurred? The next thing that occurred was [appellant] asked if the guy died. And B What was your response? And my response to that was, in fact, someone died. We are from the Homicide Unit or we wouldn=t be having this conversation with him. Did he make an election as to continue the interview or speaking to you at that point? At that point, he made a comment to the fact that he wasn=t going to talk to us. As I started writing ADeclined to be interviewed,@ on the Miranda form, which is what we do when someone chooses not to speak with us, [appellant] continued to speak. Did you, in fact, note, ADecline to be interviewed,@ on the form? Yes, in fact, I did. 7
[PROSECUTOR]: [WITNESS]: [PROSECUTOR]: [WITNESS]: [PROSECUTOR]: [WITNESS]: [PROSECUTOR]: [WITNESS]: And that appears on the signature line underneath the section that says, AWaiver of Miranda Rights,@ correct? Yes, it does. Now you said he continued to speak to you at that point? Yes, he did. What, if anything, did you do to initiate conversation? Nothing. I was writing the ADeclined to be interviewed,@ when [appellant] made the comment that all he did was take somebody to the hospital. And myself and Corporal Batchell explained to him, you know, AWe can talk to you but, you know, we=ll listen to you as long as you want to talk with us, but we can=t do that until you waived your Miranda Rights if you want to talk to us or have any further conversation, because we can=t violate those rights. What did you do at that point? At that point, [appellant] indicated that, in fact, he did want to speak to us. I took another Miranda form and again, went through his Miranda Rights with him again. * * * [PROSECUTOR]: [WITNESS]: I show you what=s been marked for identification as State=s Exhibit 2 and ask if you can identify that document for the record. Yes. This is also a <strong>Maryland</strong> State Police Form No. 180, Advice of Miranda Rights from 13:25 hours, 1:25 p.m. 8
Page 1 and 2: REPORTED IN THE COURT OF SPECIAL AP
Page 3 and 4: to commit robbery, and possession o
Page 5 and 6: advice of Miranda rights, at 1:25 p
Page 7: * * * [PROSECUTOR]: [WITNESS]: [PRO
Page 11 and 12: weapons are actually removed and th
Page 13 and 14: On cross-examination, Sgt. Becker e
Page 15 and 16: On re-direct examination of Sgt. Be
Page 17 and 18: If [appellant] reinitiated or conti
Page 19 and 20: same homicide and therefore was not
Page 21 and 22: comment, Sgt. Becker testified that
Page 23 and 24: form waiving her Miranda rights.@ I
Page 25 and 26: interrogation until counsel is prov
Page 27 and 28: Our analysis is not complete, becau
Page 29 and 30: subject to multiple punishments for
Page 31 and 32: Defense counsel never objected to t
Page 33 and 34: Md. 1, 29 (2004) (citations and quo
Page 35 and 36: ecause other photographs also showe
Page 37 and 38: enlarged to show the gold chain. Th

2842/09 - Maryland Courts

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