Opinion
Docket No. CR-11-378
05-04-2012
STATE OF MAINE v. JACOB D. RUSSELL, Defendant
CRIMINAL ACTION
ORDER ON MOTION TO SUPPRESS STATEMENTS
The court had on this date the opportunity to listen to the audio recording. The court has also reviewed the transcript of the testimony of Detective Kenneth MacMaster taken on January 5, 2012, and has also considered the medical record of the defendant over State's objection (Sebasticook Valley Hospital E.R. Note, Dr. Tritch, appended to defense memoranda). The court has also considered the parties written arguments.
The State must prove that the statements made to Detective MacMaster were voluntary beyond a reasonable doubt. State v. Curtis, 552 A.2d 530 (Me. 1988). The court must look at the "totality of the circumstances" to determine if the statements are "the result of defendant's exercise of his free will and rational intellect." State v. Smith, 615 A.2d 1162 (Me. 1992); State v. Caouette, 446 A.2d 1120, 1123-24 (Me. 1983).
The court finds that the statements were voluntary beyond a reasonable doubt. The defendant, while tired and at times and emotional, gave answers that were responsive and intelligible. He readily engaged with the officer. He did not seek relief from conditions or ask for any assistance. While the officer was aggressive at times in his questioning, and accusatory, the court finds that he was not coerced into making statements. The defendant himself turned off the machine when he no longer wanted to answer questions.
The entry will be:
Motion to Suppress Statements is DENIED.
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M. Michaela Murphy
Justice, Maine Superior Court