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State v. Russell

STATE OF MAINE KENNEBEC SUPERIOR COURT
May 4, 2012
Docket No. CR-11-378 (Me. May. 4, 2012)

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.

______________

M. Michaela Murphy

Justice, Maine Superior Court


Summaries of

State v. Russell

STATE OF MAINE KENNEBEC SUPERIOR COURT
May 4, 2012
Docket No. CR-11-378 (Me. May. 4, 2012)
Case details for

State v. Russell

Case Details

Full title:STATE OF MAINE v. JACOB D. RUSSELL, Defendant

Court:STATE OF MAINE KENNEBEC SUPERIOR COURT

Date published: May 4, 2012

Citations

Docket No. CR-11-378 (Me. May. 4, 2012)