Opinion
No. CR 07-1330 BB.
September 17, 2007
MEMORANDUM OPINION AND ORDER DENYING RECONSIDERATION
THIS MATTER is before the Court on Defendant Karen Kaydahzinne's Motion to Reconsider Suppression of Initial, Pre-Miranda Statements (Doc. 69). After considering Defendant's memorandum, and being otherwise informed, the Court finds the Motion should be Denied.
Discussion
During discovery, defense counsel received an FBI report by Special Agents MacManus and Brotan. This report alleged that on June 4, 2007, when the agents initially arrested Ms. Kaydahzinne, she stated to Agent MacManus, "This is about what happened at the Mescalero, isn't it?" Agent MacManus replied, "Why, what happened at Mescalero?" Agent MacManus had not given a Miranda warning to Ms. Kaydahzinne prior to answering her question with a question. Ms. Kaydahzinne responded, "Look at my nose. He hit my nose. That's why it happened." Ms. Kaydahzinne further stated, "I was the one that got assaulted. I don't use weapons. I know martial arts. I'm an expert in Tae Kwan Do," and "Did you know it was 7 guys against 3 girls?"
On August 20, 2007, defense counsel filed a Motion to Suppress. The Court held an evidentiary hearing and denied Defendant's Motion to Suppress. Defendant now files a Motion to Reconsider. The Court remains of the opinion that while Agent MacManus was taking Ms. Kaydahzinne into custody, his response to Ms. Kaydahzinne's question was not interrogation which required a Miranda warning, and anything Ms. Kaydahzinne volunteered, if incriminatory, was voluntary. United States v. Abdulla, 294 F.3d 830 (7th Cir. 2002); United States v. Morton, 391 F.3d 274, 275 (D.C. Cir. 2004); Cannady v. Dugger, 931 F.2d 752, 754 (11th Cir. 1991); United States v. Marks, 407 F. Supp. 2d 452 (W.D.N.Y. 2006).
ORDER
For the above stated reasons, Defendant Karen Kaydahzinne's Motion to Reconsider is DENIED.
SO ORDERED.