Opinion
05 Cr. 1182 (PAC).
September 28, 2006
OPINION ORDER
Defendant moves for reconsideration of the Court's denial of his motion to suppress his post-arrest statements. An evidentiary hearing was held on September 25, 2006, at which the Government presented the testimony of FBI Special Agent Austin P. Berglas ("Berglas"). Defendant presented no witnesses at the hearing. At the conclusion of the hearing, Defendant asked for two days to submit additional materials. On September 27, 2006, Defendant's counsel advised the Court that no additional brief would be submitted.
At the hearing, Berglas testified that he was one of a number of agents who arrested Defendant at the corner of Chambers and Greenwich Street in Lower Manhattan. The arrest occurred at 4:00 p.m. on September 14, 2005. Defendant was handcuffed, searched, and placed in a car for transport to the FBI office at 26 Federal Plaza. In the car, Berglas orally advised Defendant of hisMiranda rights and asked him if he understood those rights. Defendant stated that he understood, and Berglas asked him if he was nonetheless willing to answer questions. Defendant agreed to talk with Berglas, and the two engaged in a conversation for approximately ten minutes, until they reached 26 Federal Plaza. At 26 Federal Plaza, Berglas gave Defendant a written Miranda waiver form. Defendant read each of his rights aloud and then signed the form. Berglas continued to interrogate Defendant for ten to fifteen minutes more, until he invoked his right to counsel at which time all questioning ceased.
The Government has the burden of proving by a preponderance of the evidence that a Miranda waiver was valid. Colorado v. Connelly, 479 U.S. 157, 168 (1986). A valid waiver must be voluntary and made with a "full awareness" of the right being waived and of the consequences of waiving it. United States v. Jaswal, 47 F.3d 539, 542 (2d. Cir. 1995). The Court considers the totality of the circumstances, and specifically Defendant's characteristics, the conditions of the interrogation, and the conduct of law enforcement officials. United States v. Anderson, 929 F.2d 96, 99 (2d. Cir. 1991).
After hearing Berglas's testimony, including cross-examination by defense counsel, and reviewing his prior statements and reports, the Court finds his testimony entirely credible. Defendant was not physically or mentally coerced, and was subjected to only a brief period of interrogation, which stopped immediately when Defendant asked for his lawyer. Defendant is a middle-aged journalist, fully capable of understanding his rights and the consequences of waiving them. The Court finds that Defendant made a knowing and voluntary waiver of his rights, and Defendant's admissions were voluntary.
Defendant's motion to suppress his post-arrest statements is DENIED. The Clerk of the Court is directed to close this motion.
Trial of this matter will commence on December 11, 2006. A final pretrial conference will be held on December 4, 2006 at 4:00 p.m. Pretrial submissions are due by November 27, 2006. The time from September 28, 2006 to the trial date of December 11, 2006 is excluded, as it is in the interests of justice to allow Defendant adequate time to prepare his defense. These interests outweigh the interest of the Defendant and the public in a speedy trial.